Part II Trial and punishment of offences
Review of finding and sentence
71 Power to quash or alter findings. C1
1
On the review of a finding under section seventy of this Act F2the Defence Council may—
a
in any case, quash the finding;
b
where some other finding of guilty F3or of not guilty by reason of insanity could lawfully have been made by the court or officer before whom the trial took place, and it appears to F2the Defence Council that that court or officer must have been satisfied of facts necessary to justify that other finding, substitute that other finding.
F4c
where the finding is that the accused was unfit to stand his trial, and that question was determined at a time later than on the commencement of the trial, substitute a finding of not guilty (other than a finding of not guilty by reason of insanity), if the Defence Council are of opinion that the court should before that time have come to such a finding;
d
substitute a finding that the accused was unfit to stand his trial, if the Defence Council are of opinion that the case is not one where there should have been a finding of not guilty, but that there should have been a finding that the accused was unfit to stand his trial.
2
Where a finding is quashed by F2the Defence Council under this section, then—
a
if the sentence passed in respect of that finding relates to that finding only, the sentence shall be quashed;
b
if the sentence relates to that and any other finding or findings, F2the Defence Council may substitute such sentence authorised by this Act in respect of the other finding or findings as they think proper, not being a sentence of greater severity.
3
Where a finding is substituted by F2the Defence Council under this section, F2the Defence Council may substitute for the sentence passed in respect of the original finding such sentence authorised by this Act in respect of the substituted finding as they think proper, not being a sentence of greater severity.
4
Any finding or sentence substituted under this section shall be treated for all purposes as the finding or sentence of the court or officer before whom the trial took place.
F55
Where a finding of guilty of an offence is substituted by the Defence Council under this section for a finding of not guilty by reason of insanity, the Defence Council shall have the like powers of sentencing the accused and other powers as the court-martial would have had on the like finding of guilty, and the sentence shall be treated for all purposes as the sentence of the court-martial:
Provided that the Defence Council shall not have power by virtue of this subsection to impose a sentence of death, and where apart from this proviso a sentence of death would be required by law, the sentence shall (whatever the circumstances) be one of imprisonment for life.
6
Where in pursuance of a finding of not guilty by reason of insanity a person is detained under F6section 46 of the Mental Health Act 1983, F7section 69 of the Mental Health (Scotland) Act 1984 or F8Article 52 of the Mental Health (Northern Ireland) Order 1986, and the Defence Council quash the finding (without substituting another finding), then if the Defence Council are of opinion—
a
b
that he ought to be so detained in the interests of his own health or safety or with a view to the protection of other persons,
the Defence Council shall make an order for his continued detention under the Act F10or Order, and the order shall be sufficient authority for him to be detained, and the Act F10or Order shall apply, as if on the date of the order he had been admitted to the hospital in pursuance of an application duly made under the Act F10or Order (being in England or Wales an application for F9admission for assessment).
In this subsection any reference to the Mental Health F8(Northern Ireland) Order 1986 or any provision thereof includes any corresponding Act or provision for the time being in force in Northern Ireland.