Criminal Procedure (Insanity and Unfitness to Plead) Act 1991
A jury shall not return a special verdict under section 2 of the Trial of Lunatics Act 1883 (acquittal on ground of insanity) except on the written or oral evidence of two or more registered medical practitioners at least one of whom is duly approved.
Subsections (2) and (3) of section 54 of the Mental Health Act 1983 (“the 1983 Act”) shall have effect with respect to proof of the accused’s mental condition for the purposes of the said section 2 as they have effect with respect to proof of an offender’s mental condition for the purposes of section 37(2)(a) of that Act.
For section 4 of the Criminal Procedure (Insanity) Act 1964 (“the 1964 Act”) there shall be substituted the following sections—
For section 4 of the Criminal Procedure (Insanity) Act 1964 (“the 1964 Act”) there shall be substituted the following sections—
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For section 6 of the Criminal Appeal Act 1968 (“the 1968 Act”) there shall be substituted the following section—
For section 14 of the 1968 Act there shall be substituted the following sections—
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The provisions of Schedule 1 to this Act shall apply in relation to the following orders, namely—
any order made by the Crown Court under section 5 of the 1964 Act that the accused be admitted to hospital; and
any order made by the Court of Appeal under section 6, 14 or 14A of the 1968 Act that the appellant be so admitted.
The 1983 Act shall have effect, in its application to guardianship orders within the meaning of that Act, as if the reference in section 37(1) to a person being convicted before the Crown Court of such an offence as is there mentioned included references— and in relation to guardianship orders made by virtue of this subsection, references in the 1983 Act to the offender shall be construed accordingly.
to a special verdict being returned that the accused is not guilty by reason of insanity, or to findings being recorded that the accused is under a disability and that he did the act or made the omission charged against him; and
to the Court of Appeal being, on an appeal against conviction or under section 12 of the 1968 Act, of such opinion as is mentioned in section 6(1) or 14(1) of that Act;
The power to make a supervision and treatment order within the meaning given by Part I of Schedule 2 to this Act shall be exercisable, subject to and in accordance with Part II of that Schedule— and Part III of that Schedule shall have effect with respect to the revocation and amendment of such orders.
by the Crown Court in cases to which section 5 of the 1964 Act applies; and
by the Court of Appeal in cases to which section 6 or 14 of the 1968 Act applies;
Section 1A(1) of the Powers of Criminal Courts Act 1973 shall have effect, in its application to orders for absolute discharge, as if—
the reference to a person being convicted by or before a court of such an offence as is there mentioned included such references as are mentioned in subsection (2)(a) and (b) above; and
the reference to the court being of opinion that it is inexpedient to inflict punishment included a reference to it thinking that an order for absolute discharge would be most suitable in all the circumstances of the case.
In this Act—
“the 1964 Act” means the Criminal Procedure (Insanity) Act 1964;
“the 1964 Act” means the Criminal Procedure (Insanity) Act 1964;
“the 1968 Act” means the Criminal Appeal Act 1968;
“the 1983 Act” means the Mental Health Act 1983;
“the 1983 Act” means the Mental Health Act 1983;
“duly approved”, in relation to a registered medical practitioner, means approved for the purposes of section 12 of the 1983 Act by the Secretary of State, or by another person by virtue of section 12ZA or 12ZB of that Act, as having special experience in the diagnosis or treatment of mental disorder.
“the 1968 Act” means the Criminal Appeal Act 1968;
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The enactments mentioned in Schedule 3 to this Act shall have effect subject to the amendments there specified, being minor amendments or amendments consequential on the preceding provisions of this Act.
The following provisions, namely— shall not apply where the accused was arraigned before the commencement of this Act.
sections 1 to 3 above;
so far as relating to the making of orders or orders made under the 1964 Act, section 5 above and Schedules 1 and 2 to this Act; and
so far as relating to the repeals in the 1964 Act, the repeal in Schedule 5 to the 1968 Act and the repeal of paragraph 18(b) of Schedule 4 to the 1983 Act, subsection (3) below and Schedule 4 to this Act,
The following provisions, namely— shall not apply where the hearing of the appeal began before that commencement.
section 4 above;
so far as relating to the making of orders or orders made under the 1968 Act, section 5 above and Schedules 1 and 2 to this Act;
paragraphs 2 to 4 of Schedule 3 to this Act and, so far as relating to those paragraphs, section 7 above; and
so far as relating to repeals not mentioned in subsection (1)(c) above, subsection (3) below and Schedule 4 to this Act,
The enactments mentioned in Schedule 4 to this Act are hereby repealed to the extent specified in the third column of that Schedule.
This Act may be cited as the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991.
This Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint.
This Act extends to England and Wales only.
Section 5(1).
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Section 5(3).
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Section 7.
“duly approved” in relation to a registered medical practitioner, means approved for the purposes of section 12 of the Mental Health Act 1983 by the Secretary of State as having special experience in the diagnosis or treatment of mental disorder; “registered medical practitioner” means a fully registered person within the meaning of the Medical Act 1983; After that subsection there shall be inserted the following subsection—
In section 15(1) of the 1968 Act (right of appeal against finding of disability), for the words from “a finding” to the end there shall be substituted the words “ findings that he is under a disability and that he did the act or made the omission charged against him, the person may appeal to the Court of Appeal against either or both of those findings ”.
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after the words “an appeal under section 15 of this Act” there shall be inserted the words “against a finding that the appellant is under a disability or that he did the act or made the omission charged against him”;
for the words “the question of fitness to be tried” there shall be substituted the words “the relevant question”; and
the words “(except one to which subsection (2) below applies)” shall cease to have effect.
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In subsection (1) of section 51 of the 1968 Act (interpretation)— After subsection (2) of that section there shall be inserted the following subsection—
In section 81(1A) of the Senior Courts Act 1981 (bail), for the words “finding of disability” there shall be substituted the words “ findings that the accused is under a disability and that he did the act or made the omission charged against him ”.
In section 16(4)(a) of the Prosecution of Offences Act 1985 (defence costs), for sub-paragraph (iii) there shall be substituted the following sub-paragraph—.
In section 19(3) of the Prosecution of Offences Act 1985 (provision for orders as to costs in other circumstances), after paragraph (c) there shall be inserted the following paragraph—
Section 8(3). Chapter Short title Extent of repeal 1964 c. 84. The Criminal Procedure (Insanity) Act 1964. In section 8(2), the words from “and references” to the end.Schedule 1. 1968 c. 19. The Criminal Appeal Act 1968. In section 16, in subsection (1), the words “(except one to which subsection (2) below applies)”, and subsection (2).Schedule 1.In Schedule 5, in Part I, the entry relating to Schedule 1 to the Criminal Procedure (Insanity) Act 1964. 1976 c. 63. The Bail Act 1976. In Schedule 2, paragraph 39. 1982 c. 51. The Mental Health (Amendment) Act 1982. In Schedule 3, paragraph 38. 1983 c. 20. The Mental Health Act 1983. In Schedule 4, paragraph 18(b) and, in paragraph 23, paragraphs (a), (e), (f) and (k) to (m).