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Changes over time for: Section 62A
Timeline of Changes
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
No longer has effect: 31/03/2005
Status:
Point in time view as at 01/02/1991. This version of this provision never came into effect.
Status
You are viewing this provision as it would have stood if it had come into force. It was repealed before it came into force.
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Naval Discipline Act 1957 (repealed), Section 62A is up to date with all changes known to be in force on or before 04 November 2024.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.
Changes to Legislation
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Prospective
[62A Fitness to stand trial.U.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 Criminal 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
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