Criminal Procedure (Insanity) Act 1964

8 Short title, interpretation, commencement, extent and repeals

(1) This Act may be cited as the Criminal Procedure (Insanity) Act 1964.

(2) In this Act—

• " special verdict " has the meaning assigned by section 1 of this Act,

• " under disability " has the meaning assigned by section 4 of this Act,

• " verdict of acquittal " does not include a special verdict, and any reference to acquittal shall be construed accordingly,

and other expressions used in this Act and in the Mental Health Act 1959 have the same meanings in this Act as in Part V of that Act; and references to that Act in sections 139 to 141 thereof shall include references to Schedule 1 to this Act.

(3) 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:

Provided that—

(a) 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;

(b) 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 ;

(c) 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.

(4) This Act, except as respects, courts-martial and matters arising out of proceedings in courts-martial, shall extend to England and Wales only.

(5) The following provisions are hereby repealed subject to any exception mentioned, that is to say:—

(a) the Criminal Lunatics Act 1800 and subsections (2) and (4) of section 2 of the Trial of Lunatics Act 1883 shall be repealed except as respects cases where the accused was arraigned before the time mentioned in subsection (3) of this section; and

(b) section 5(4) of the Criminal Appeal Act 1907 shall be repealed except as respects appeals the hearing of which began before the said time; and

(c) 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

(d) 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.