The Mental Health (Northern Ireland) Order 1986 No. 595 (NI. 4)

PART III N.I. PATIENTS CONCERNED IN CRIMINAL PROCEEDINGS OR UNDER SENTENCE

Procedure during trial on indictment N.I.

Procedure in relation to finding of insanity N.I.

50.—(1) Where upon the trial on indictment of any person charged with the commission of an offence—

(a) [F1 oral evidence of a medical practitioner appointed for the purposes of Part II by [F2 RQIA] and on the written or oral evidence of one other medical practitioner] is given that the person charged was an insane person at the time the offence was committed; and

(b) the jury finds that although the person charged did the act or made the omission charged, he was an insane person at that time,

the court shall direct a finding to be recorded to the effect that the person is not guilty of the offence charged on the ground of insanity.

Paras. (2), (3) rep by 1996 NI 24

(4) In this Article “insane person” and “insanity” have the meanings assigned by section 1 of the [1966 c. 20 (N.I.)] Criminal Justice Act (Northern Ireland) 1966.

F1 1996 NI 24

F2 Words in Order substituted (1.4.2009) by Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1), ss. 32, 34(3), Sch. 6 para. 8(1) (subject to Sch. 6 para. 8(2)-(4)); S.R. 2009/114, art. 2

Modifications etc. (not altering text)

C1 Art. 50(1) modified (temp.) (2.4.2020) by Coronavirus Act 2020 (c. 7), s. 87(2), Sch. 10 para. 10(1)(2) (with ss. 88-90, Sch. 10 para. 2); S.R. 2020/58, art. 2(c)

C2 Art. 50(1) expiry of earlier affecting provision 2020 c. 7, Sch. 10 paras. 3-13 (25.3.2022) by Coronavirus Act 2020 (c. 7), s. 89 (with s. 90)