Armed Forces Act 2006

168 Findings of insanity U.K.

(1) This section applies where on the trial of a person by the Court Martial the court is satisfied, as respects the charge or any of the charges on which he is being tried, that—

(a) the defendant did the act charged against him as the offence; but

(b) at the time of that act he was insane.

(2) The court must find that the defendant was not guilty of that offence by reason of insanity.

(3) No finding under this section may be made except on the written or oral evidence of two or more registered medical practitioners at least one of whom is duly approved within the meaning given by section 172.

(4) Section 160 (Court Martial decisions) does not apply to a determination or finding under this section, but—

(a) the question whether the court is satisfied as mentioned in subsection (1) above is to be determined by the members of the court other than the judge advocate (“the lay members”); and

(b) the court is so satisfied if, on a vote on the question whether they are so satisfied, a majority of the lay members are in favour.

(5) In this section “act” includes an omission and references to the doing of an act are to be read accordingly.

Commencement Information

I1 S. 168 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)

I2 S. 168 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4