Version Superseded: 25/06/2012
Point in time view as at 28/03/2011. This version of this provision has been superseded.
Criminal Procedure (Scotland) Act 1995, Section 190 is up to date with all changes known to be in force on or before 04 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
(1)In relation to any appeal under section 175(2) of this Act, the High Court shall, where it appears to it that the appellant committed the act charged against him but that he was insane when he did so, dispose of the appeal by—
(a)setting aside the verdict of the inferior court and substituting therefor a verdict of acquittal on the ground of insanity; and
(b)quashing any sentence imposed on the appellant as respects the complaint and—
(i)making, in respect of the appellant, any order mentioned in section 57(2)(a) to (d) of this Act; or
(ii)making no order.
(2)[F1Subsections (3) to (6)] of section 57 of this Act shall apply to an order made under subsection (1)(b)(i) above as it applies to an order made under subsection (2) of that section.
Textual Amendments
F1Words in s. 190(2) substituted (5.10.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), ss. 331(1), 333(2)-(4), Sch. 4 para. 8(12); S.S.I. 2005/161, art. 3
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