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Naval Discipline Act 1957 (repealed)

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Changes over time for: Section 62A

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No longer has effect: 31/03/2005

Alternative versions:

Status:

Point in time view as at 01/02/1991. This version of this provision never came into effect. Help about Status

Changes to legislation:

Naval Discipline Act 1957 (repealed), Section 62A is up to date with all changes known to be in force on or before 04 November 2024. 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. Help about Changes to Legislation

Prospective

[F162A Fitness to stand trial.F2U.K.

(1)This section applies where on a trial by court-martial of a person the question arises (at the instance of the defence or otherwise) whether the accused is fit to stand trial.

(2)For the purposes of this Act a person is unfit to stand trial if he is under a disability such that apart from the M1Criminal Procedure (Insanity) Act 1964 it would constitute a bar to his being tried on indictment in England and Wales.

(3)If, having regard to the nature of the supposed disability, the court is of opinion that it is expedient to do so and in the interests of the accused, it may postpone consideration of the question of fitness to stand trial until any time up to the opening of the case for the defence.

(4)If, before the question of fitness to stand trial falls to be determined, the court finds the accused not guilty on the charge or each of the charges on which he is being tried, that question shall not be determined.

(5)Subject to subsections (3) and (4) above, the question of fitness to stand trial shall be determined as soon as it arises.

(6)The question of fitness to stand trial shall be determined by the court and—

(a)where it falls to be determined on the commencement of the trial and the trial proceeds, the accused shall be tried by a court-martial other than that which determined that question;

(b)where it falls to be determined at any later time, it shall be determined by a court-martial other than that by which the accused is being tried.

(7)A court shall not make a determination under subsection (6) above except on the written or oral evidence of two or more registered medical practitioners at least one of whom is duly approved.]

Textual Amendments

F1Ss. 62A-63E substituted (prosp.) for s. 63 by 1996 c. 46, ss. 8, 36(2)(3), Sch. 2 para. 4 (but the said Sch. 2 was repealed (31.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 58(2), 60, Sch. 11; S.I. 2005/579, art. 3(ix))

Marginal Citations

Textual Amendments applied to the whole legislation

F2Act repealed (prosp.) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 17 and the repeal being partly in force, as to which see individual provisions

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