10Without prejudice to paragraph 5(b) above, criminal proceedings against a person cease to be active—
(a)if the accused is found to be under a disability such as to render him unfit to be tried or unfit to plead or, in Scotland, is found to be insane in bar of trial; or
(b)if a hospital order is made in his case under [F1section 51(5) of the Mental Health Act 1983] or [F2Article 57(5) of the Mental Health (Northern Ireland) Order 1986] or, in Scotland, where a transfer order ceases to have effect by virtue of [F3section 73(1) of the Mental Health (Scotland) Act 1984],
but become active again if they are later resumed.
Textual Amendments
F1Words substituted by Mental Health Act 1983 (c. 20), Sch. 4 para. 57(c)
F2Words substituted by S.I. 1986/595 (N.I. 4), art. 136(1), Sch. 5 Pt. II
F3Words substituted by Mental Health (Scotland) Act 1984 (c. 36, SIF 85), ss. 17(2), 127(1), Sch. 3 para. 48