In section 5 (powers to deal with person where special verdict returned or unfit to plead etc), after subsection (3) insert—

“(3A)

Where the court have power under subsection (2)(c) to make an order for the absolute discharge of the accused, they may do so where they think, having regard to the circumstances, including the nature of the offence charged and the character of the accused, that such an order would be most suitable in all the circumstances of the case.”