Statement by the Delegation of the United States of America on the conclusion of the so-called “Agreement on the State Border” by the Russian Federation with the Tskhinvali occupation regime
The special verdict required by section 2 of the Trial of Lunatics Act 1883 (hereinafter referred to as a “special verdict”) shall be that the accused is not guilty by reason of insanity; and accordingly in subsection (1) of that section for the words from “a special verdict” to the end there shall be substituted the words “a special verdict that the accused is not guilty by reason of insanity”.
A person in whose case a special verdict is returned may appeal against the verdict to the Court of Criminal Appeal— and the Court of Criminal Appeal on any such appeal shall subject as hereinafter provided allow the appeal if they think that the special verdict should be set aside on the ground that it is unreasonable or cannot be supported having regard to the evidence, or that the order of the court giving effect to the special verdict should be set aside on the ground of a wrong decision of any question of law or that on any ground there was a miscarriage of justice, and shall in any other case dismiss the appeal.
on any ground of appeal which involves a question of law alone, and
with the leave of the Court of Criminal Appeal or upon the certificate of the judge or chairman of the court before which he came for trial that it is a fit case for appeal, on any ground of appeal which involves a question of fact alone or a question of mixed law and fact or any other ground which appears to the court to be a sufficient ground of appeal;
The Court of Criminal Appeal may dismiss an appeal against a special verdict if of opinion that notwithstanding that the point raised in the appeal might be decided in favour of the appellant no substantial miscarriage of justice has actually occurred.
Where apart from this subsection— the Court of Criminal Appeal may dismiss the appeal if of opinion that but for the insanity of the accused the proper verdict would have been that he was guilty of an offence other than the offence charged.
an appeal against a special verdict would fall to be allowed, and
none of the grounds for allowing it relates to the question of the insanity of the accused,
This and the next following section shall be construed as one with the Criminal Appeal Act 1907 ; and—
references in sections 7, 8, 15(2), 18(1), 19, and 20(2) of that Act, and in the definition of "appellant" in section 21 thereof, to a person's being convicted shall include references to his being the subject of a special verdict;
the reference in section 11 of that Act to a person's being in custody shall not include a reference to his being in custody in consequence of a special verdict.
Where in accordance with the foregoing section an appeal against a special verdict is allowed :— Provided that where the offence mentioned in paragraph (a) is one for which the sentence is fixed by law, the sentence shall (whatever the circumstances) be one of imprisonment for life.
if the ground, or one of the grounds, for allowing the appeal is that the finding of the jury as to the insanity of the accused ought not to stand and the Court of Criminal Appeal are of opinion that the proper verdict would have been that he was guilty of an offence (whether the offence charged or any other offence of which the jury could have found him guilty), the court shall substitute for the special verdict a verdict of guilty of that offence, and shall have the like powers of punishing or otherwise dealing with the accused and other powers as the court before which he was tried would have had if the jury had come to the substituted verdict;
in any other case, the Court of Criminal Appeal shall substitute for the verdict of the jury a verdict of acquittal:
The term of any sentence passed by the Court of Criminal Appeal in the exercise of the powers conferred by subsection (1)(a) of this section shall, unless the court otherwise direct, begin to run from the time when it would have begun to run if passed in the proceedings in the court before which the accused was tried. In relation to a person sentenced to Borstal training, the reference in this subsection to the term of a sentence shall be construed as a reference to the periods during which, under the Prison Act 1952, he may be detained in a Borstal institution.
This section applies where on the trial of a person the question arises (at the instance of the defence or otherwise) whether the accused is under a disability, that is to say, under any disability such that apart from this Act it would constitute a bar to his being tried.
If, having regard to the nature of the supposed disability, the court are of opinion that it is expedient to do so and in the interests of the accused, they may postpone consideration of the question of fitness to be tried until any time up to the opening of the case for the defence.
If, before the question of fitness to be tried falls to be determined, the jury return a verdict of acquittal on the count or each of the counts on which the accused is being tried, that question shall not be determined.
Subject to subsections (2) and (3) above, the question of fitness to be tried shall be determined as soon as it arises.
where it falls to be determined on the arraignment of the accused, then if the trial proceeds the accused shall be tried by a jury other than that which determined that question;
where it falls to be determined at any later time it shall be determined by a separate jury or by the jury by whom the accused is being tried, as the court may direct.
The question of fitness to be tried shall be determined by the court without a jury .
The court shall not make a determination under subsection (5) above except on the written or oral evidence of two or more registered medical practitioners at least one of whom is duly approved.
where the question of fitness to be tried was determined later than on arraignment, an appeal under section 2 of this Act against a finding that the accused was under disability may be allowed (notwithstanding that the finding was properly come to) if the Court of Criminal Appeal are of opinion that the case is one in which the accused should have been acquitted before the question of fitness to be tried was considered,
if the court are of that opinion, the court shall, in addition to quashing the finding, direct a verdict of acquittal to be recorded,
subject to paragraph (b) above, where an appeal is allowed against a finding that the accused is under disability, the appellant may be tried accordingly for the offence with which he was charged, and the court may make such orders as appear to the court to be necessary or expedient pending any such trial for his custody, admission to bail or continued detention under the Mental Health Act 1959.
Sections 73, 74 and 76 of the Mental Health Act 1959 (which provide for the removal to or from hospital of persons committed for trial, etc.) shall apply to persons ordered under subsection (6)(c) of this section to be kept in custody pending trial as those sections apply to persons described in subsection (2)(a) to (c) of section 73, and Part V of that Act shall apply to persons for whose continued detention under the Act an order is made under subsection (6)(c) of this section as if they had been so ordered to be kept in custody pending trial and were detained in pursuance of a transfer direction together with a direction restricting discharge; and in the said section 76—
the words " the court having jurisdiction to try or otherwise deal with him " shall be substituted in subsection (1) for the words " the court to which he was committed or by which he was remanded, as the case may be, " and in subsection (2)(a) for the words " the court to which he was committed or by which he was remanded " ; and
the words " a person awaiting trial " shall be substituted in subsection (2)(b) for the words " a person committed for trial ".
This section applies where in accordance with section 4(5) above it is determined by a court that the accused is under a disability.
The trial shall not proceed or further proceed but it shall be determined by a jury— whether they are satisfied, as respects the count or each of the counts on which the accused was to be or was being tried, that he did the act or made the omission charged against him as the offence.
on the evidence (if any) already given in the trial; and
on such evidence as may be adduced or further adduced by the prosecution, or adduced by a person appointed by the court under this section to put the case for the defence,
If as respects that count or any of those counts the jury are satisfied as mentioned in subsection (2) above, they shall make a finding that the accused did the act or made the omission charged against him.
If as respects that count or any of those counts the jury are not so satisfied, they shall return a verdict of acquittal as if on the count in question the trial had proceeded to a conclusion.
Where the question of disability was determined after arraignment of the accused, the determination under subsection (2) is to be made by the jury by whom he was being tried.
This section applies where—
a special verdict is returned that the accused is not guilty by reason of insanity; or
findings have been made that the accused is under a disability and that he did the act or made the omission charged against him.
a finding is recorded that the accused is under disability, or
on an appeal against conviction or against a special verdict the Court of Criminal Appeal are of opinion that the case is not one where there should have been a verdict of acquittal, but that there should have been a finding that the accused was under disability,
The court shall make in respect of the accused—
a hospital order (with or without a restriction order);
a supervision order; or
an order for his absolute discharge.
Where— the court shall make a hospital order with a restriction order (whether or not they would have power to make a restriction order apart from this subsection).
the offence to which the special verdict or the findings relate is an offence the sentence for which is fixed by law, and
the court have power to make a hospital order,
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.
In this section—
“local probation board” means a local probation board established under section 4 of the Criminal Justice and Court Services Act 2000;
“restriction order” has the meaning given to it by section 41 of that Act;
In section 72(6)(a) of the Mental Health Act 1959 (removal to hospital of persons detained under orders made in criminal proceedings) the exception for an order under an enactment to which section 71 of that Act applies shall extend to orders under subsection (1) of this section ; and in section 5(4) of the Administration of Justice Act 1960 (interim detention of respondent pending appeal to House of Lords) any reference to an order or direction under Part V of the Mental Health Act 1959 shall include a reference to an order under subsection (1)(a) or (c) of this section.
In relation to the making of an order by virtue of subsection (2)(a) of section 5 above, section 37 (hospital orders etc ) of the Mental Health Act 1983 (“ the 1983 Act ”) shall have effect as if—
the reference in subsection (1) to a person being convicted before the Crown Court included a reference to the case where section 5 above applies;
the words after “punishable with imprisonment” and before “or is convicted” were omitted; and
for subsections (4) and (5) there were substituted—
In relation to a case where section 5 above applies but the court have not yet made one of the disposals mentioned in subsection (2) of that section—
section 35 of the 1983 Act (remand to hospital for report on accused’s mental condition) shall have effect with the omission of the words after paragraph (b) in subsection (3);
section 36 of that Act (remand of accused person to hospital for treatment) shall have effect with the omission of the words “(other than an offence the sentence for which is fixed by law)” in subsection (2);
references in sections 35 and 36 of that Act to an accused person shall be construed as including a person in whose case this subsection applies; and
section 38 of that Act (interim hospital orders) shall have effect as if—
the reference in subsection (1) to a person being convicted before the Crown Court included a reference to the case where section 5 above applies; and
the words “(other than an offence the sentence for which is fixed by law)” in that subsection were omitted.
In relation to the making of any order under the 1983 Act by virtue of this Act, references in the 1983 Act to an offender shall be construed as including references to a person in whose case section 5 above applies, and references to an offence shall be construed accordingly.
Where— the Secretary of State, if satisfied after consultation with the responsible clinician that the person can properly be tried, may remit the person for trial, either to the court of trial or to a prison. On the person’s arrival at the court or prison, the hospital order and the restriction order shall cease to have effect.
a person is detained in pursuance of a hospital order which the court had power to make by virtue of section 5(1)(b) above, and
the court also made a restriction order, and that order has not ceased to have effect,
Schedule 1A to this Act (supervision orders) has effect with respect to the making of supervision orders under subsection (2)(b) of section 5 above, and with respect to the revocation and amendment of such orders.
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Where on a trial for murder the accused contends— the court shall allow the prosecution to adduce or elicit evidence tending to prove the other of those contentions, and may give directions as to the stage of the proceedings at which the prosecution may adduce such evidence.
that at the time of the alleged offence he was insane so as not to be responsible according to law for his actions; or
that at that time he was suffering from such abnormality of mental functioning as is specified in subsection (1) of section 2 of the Homicide Act 1957 (diminished responsibility),
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This Act may be cited as the Criminal Procedure (Insanity) Act 1964.
In this Act— and other expressions used in this Act and in the Mental Health Act 1983 have the same meanings in this Act as in Part III of that Act; . . .
“supervision order” has the meaning given in Part 1 of Schedule 1A to this Act.
“verdict of acquittal” does not include a special verdict, and any reference to acquittal shall be construed accordingly,
“registered medical practitioner” means a fully registered person within the meaning of the Medical Act 1983 who holds a licence to practise ;
“special verdict” has the meaning assigned by section 1 of this Act,
“under disability” has the meaning assigned by section 4 of this Act,
Subsections (2) and (3) of section 54 of the Mental Health Act 1983 shall have effect with respect to proof of the accused’s mental condition for the purposes of section 4 of this Act 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.
This Act shall come into operation at the time of expiration of a period of one month beginning with the day on which it was passed . . .
sections 1, 4(1) to (5), 5(1)(a) and (c) and 6 shall not apply where the accused was arraigned before the said time;
sections 2, 4(6) and 5(1)(b) and (d) shall apply whenever the accused was arraigned, but section 2 shall not apply where a special verdict was returned before the said time, section 4 (6) where a finding that the accused is under disability was recorded before that time, or section 5(1)(b) or (d) where the hearing of the appeal began before that time ;
section 7 shall apply in relation to courts-martial when ever commenced, except that it shall not have effect in relation to any finding come to by a court-martial before the said time or affect the procedure in a court-martial commenced before that time for determining the question whether the accused is unfit to stand his trial.
This Act . . . shall extend to England and Wales only.
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the Criminal Lunatics Act 1800 and subsections (2) and (4) of section 2 of the Trial of Lunatics Act 1883 shall be repealed except as respects cases where the accused was arraigned before the time mentioned in subsection (3) of this section; and
section 5(4) of the Criminal Appeal Act 1907 shall be repealed except as respects appeals the hearing of which began before the said time; and
in section 71 of the Mental Health Act 1959 subsection (1) and in subsection (3) the words from the beginning to " Criminal Appeal Act 1907; and", together with the words " the aforementioned enactments and ", shall be repealed except as respects cases where an order was made before the said time, and subsection (5) shall be repealed; and
in paragraph 15(2) of Schedule 2 to the Revision of the Army and Air Force Acts (Transitional Provisions) Act 1955 the words from " in subsection (4) " to " finding; and", and in Schedule 5 to the Naval Discipline Act 1957 the words from "In section six " to " 1957 " where next occurring, shall be repealed except as respects cases where the finding of the court-martial was come to before the said time.
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A person who is admitted to a hospital in pursuance of an order under subsection (2) of section 5 of this Act shall be treated for the purposes of Part IV of the said Act of 1959 as if he had been admitted on the date of the order in pursuance of an application for admission for observation duly made under the said Part IV.
In the application of subsection (5) of section 63 of the said Act of 1959 to orders under subsection (1)(a) and (c) of section 5 of this Act, the proviso to section 63(5) shall have effect as if the reference to a conviction included a reference to a special verdict and to a finding that the accused was under disability.
Section 7.
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Short Title Session and Chapter Criminal Lunatics Act 1800 39 & 40 Geo. 3. c. 94. Trial of Lunatics Act 1883 46 & 47 Vict. c. 38. Criminal Appeal Act 1907 7 Edw. 7. c. 23. Courts-Martial (Appeals) Act 1951 14 & 15 Geo. 6. c. 46. Prison Act 1952 15 & 16 Geo. 6. & Eliz. 2. c. 52 Army Act 1955 3 & 4 Eliz. 2. c. 18. Air Force Act 1955 3 & 4 Eliz. 2. c. 19. Revision of the Army and Air Force Acts (Transitional Provisions) Act 1955 3 & 4 Eliz. 2. c. 20. Homicide Act 1957 5 & 6 Eliz. 2. c. 11. Naval Discipline Act 1957 5 & 6 Eliz. 2. c. 53. Mental Health Act 1959 7 & 8 Eliz. 2. c. 72. Mental Health (Scotland) Act 1960 8 & 9 Eliz. 2. c. 61. Administration of Justice Act 1960 8 & 9 Eliz. 2. c. 65.
Section 5A
In this Schedule “ supervision order ” means an order which requires the person in respect of whom it is made (“the supervised person”) to be under the supervision of a social worker , an officer of a local probation board or an officer of a provider of probation services (“the supervising officer”) for a period specified in the order of not more than two years. A supervision order may, in accordance with paragraph 4 or 5 below, require the supervised person to submit, during the whole of that period or such part of it as may be specified in the order, to treatment by or under the direction of a registered medical practitioner. The Secretary of State may by order direct that sub-paragraph (1) above shall be amended by substituting, for the period for the time being specified there, such period as may be specified in the order. An order under sub-paragraph (3) above may make in paragraph 11(2) below any amendment which the Secretary of State thinks necessary in consequence of any substitution made by the order. The power of the Secretary of State to make orders under sub-paragraph (3) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
The court shall not make a supervision order unless it is satisfied that, having regard to all the circumstances of the case, the making of such an order is the most suitable means of dealing with the accused or appellant. The court shall not make a supervision order unless it is also satisfied—
A supervision order shall either— Before making such an order, the court shall explain to the supervised person in ordinary language— After making such an order, the court shall forthwith give copies of the order to an officer of a local probation board assigned to the court or an officer of a provider of probation services acting at the court, and he shall give a copy— After making such an order, the court shall also send to the designated officer for the local justice area in which the supervised person resides or will reside (“the local justice area concerned”)— Where such an order is made, the supervised person shall keep in touch with the supervising officer in accordance with such instructions as he may from time to time be given by that officer and shall notify him of any change of address.
A supervision order may, if the court is satisfied as mentioned in sub-paragraph (2) below, include a requirement that the supervised person shall submit, during the whole of the period specified in the order or during such part of that period as may be so specified, to treatment by or under the direction of a registered medical practitioner with a view to the improvement of his mental condition. The court may impose such a requirement only if satisfied on the written or oral evidence of two or more registered medical practitioners, at least one of whom is duly registered, that the mental condition of the supervised person— The treatment required under this paragraph by any such order shall be such one of the following kinds of treatment as may be specified in the order, that is to say— but the nature of the treatment shall not be specified in the order except as mentioned in paragraph (a) or (b) above.
This paragraph applies where the court is satisfied on the written or oral evidence of two or more registered medical practitioners that— The supervision order may (whether or not it includes a requirement under paragraph 4 above) include a requirement that the supervised person shall submit, during the whole of the period specified in the order or during such part of that period as may be so specified, to treatment by or under the direction of a registered medical practitioner with a view to the improvement of the condition. The treatment required under this paragraph by any such order shall be such one of the following kinds of treatment as may be specified in the order, that is to say— but the nature of the treatment shall not be specified in the order except as mentioned in paragraph (a) or (b) above.
Where the medical practitioner by whom or under whose direction the supervised person is being treated in pursuance of a requirement under paragraph 4 or 5 above is of the opinion that part of the treatment can be better or more conveniently given in or at an institution or place which— he may, with the consent of the supervised person, make arrangements for him to be treated accordingly. Such arrangements may provide for the supervised person to receive part of his treatment as a resident patient in an institution or place of any description. Where any such arrangements are made for the treatment of a supervised person—
While the supervised person is under treatment as a resident patient in pursuance of arrangements under paragraph 6 above, the supervising officer shall carry out the supervision to such extent only as may be necessary for the purpose of the revocation or amendment of the order.
Subject to sub-paragraph (2) below, a supervision order may include requirements as to the residence of the supervised person. Before making such an order containing any such requirement, the court shall consider the home surroundings of the supervised person.
Where a supervision order is in force in respect of any person and, on the application of the supervised person or the supervising officer, it appears to a magistrates' court acting for the local justice area concerned that, having regard to circumstances which have arisen since the order was made, it would be in the interests of the health or welfare of the supervised person that the order should be revoked, the court may revoke the order. The court by which a supervision order was made may of its own motion revoke the order if, having regard to circumstances which have arisen since the order was made, it considers that it would be inappropriate for the order to continue.
This paragraph applies where, at any time while a supervision order is in force in respect of any person, a magistrates' court acting for the local justice area concerned is satisfied that the supervised person proposes to change, or has changed, his residence from the area specified in the order to another local social services authority area or local justice area. Subject to sub-paragraph (3) below, the court may, and on the application of the supervising officer shall, amend the supervision order by substituting the other area for the area specified in the order. The court shall not amend under this paragraph a supervision order which contains requirements which, in the opinion of the court, cannot be complied with unless the supervised person continues to reside in the area specified in the order unless, in accordance with paragraph 11 below, it either—
Without prejudice to the provisions of paragraph 10 above, but subject to sub-paragraph (2) below, a magistrates' court for the local justice area concerned may, on the application of the supervised person or the supervising officer, by order amend a supervision order— The power of a magistrates' court under sub-paragraph (1) above shall not include power to amend an order by extending the period specified in it beyond the end of two years from the day of the original order.
Where the medical practitioner by whom or under whose direction the supervised person is being treated for his mental condition in pursuance of any requirement of a supervision order— he shall make a report in writing to that effect to the supervising officer and that officer shall apply under paragraph 11 above to a magistrates' court for the local justice area concerned for the variation or cancellation of the requirement. The opinion referred to in sub-paragraph (1) above is—
On the making under paragraph 9 above of an order revoking a supervision order, the designated officer for the local justice area concerned, or (as the case may be) the Crown Court, shall forthwith give copies of the revoking order to the supervising officer. A supervising officer to whom in accordance with sub-paragraph (1) above copies of a revoking order are given shall give a copy to the supervised person and to the person in charge of any institution in which the supervised person is residing.
On the making under paragraph 10 or 11 above of any order amending a supervision order, the designated officer for the local justice area concerned shall forthwith— and in a case falling within paragraph (b) above, the designated officer for that area shall give copies of the amending order to the supervising officer. Where the designated officer for the court making the order is also the designated officer for the new local justice area— Where in accordance with sub-paragraph (1) or (2) above copies of an order are given to the supervising officer, he shall give a copy to the supervised person and to the person in charge of any institution in which the supervised person is or was residing.