Criminal Appeal Act 1968

Unfitness to stand trial E+W

15 Right of appeal against finding of disability. E+W

(1) Where there has been a determination under section 4 of the M1 Criminal Procedure (Insanity) Act 1964 of the question of a person’s fitness to be tried, and [F1 there have been] [F2 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].

[F3 (2) An appeal under this section lies only—

(a) with the leave of the Court of Appeal; or

(b) if[F4 , within 28 days from the date of the finding that the accused did the act or made the omission charged,] the judge of the court of trial grants a certificate that the case is fit for appeal.]

Textual Amendments

F1 Words in s. 15(1) substituted (31.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), s. 60, Sch. 10 para. 4; S.I. 2005/579, art. 3(g)

F2 Words in s. 15(1) substituted (1.1.1992) by Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c. 25, SIF 39:1), ss. 7, 8, Sch. 3 para. 2; S.I. 1991/2488, art. 2

F3 S. 15(2) substituted (1.1.1996) by 1995 c. 35, s. 1(5); S.I. 1995/3061, art. 3(a) (with art. 4)

F4 Words in s. 15(2)(b) inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 8 para. 5; S.I. 2008/1586, art. 2(1), Sch. 1 para. 26

Marginal Citations

M1 1964 c. 84.

16 Disposal of appeal under s. 15. E+W

[F5 (1) The Court of Appeal—

(a) shall allow an appeal under section 15 of this Act against a finding if they think that the finding is unsafe; and

(b) shall dismiss such an appeal in any other case.]

F6 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F7 (3) Where the Court of Appeal allow an appeal under section 15 of this Act against a finding that the appellant is under a disability—

(a) the appellant may be tried accordingly for the offence with which he was charged; and

(b) the Court may[F8 , subject to section 25 of the Criminal Justice and Public Order Act 1994,] make such orders as appear to them necessary or expedient pending any such trial for his custody, release on bail or continued detention under the Mental Health Act 1983;

and Schedule 3 to this Act has effect for applying provisions in Part III of that Act to persons in whose case an order is made by the Court under this subsection.

(4) Where, otherwise than in a case falling within subsection (3) above, the Court of Appeal allow an appeal under section 15 of this Act against a finding that the appellant did the act or made the omission charged against him, the Court shall, in addition to quashing the finding, direct a verdict of acquittal to be recorded (but not a verdict of not guilty by reason of insanity).]

Textual Amendments

F5 S. 16(1) substituted (1.1.1996) by 1995 c. 35, s. 2(5); S.I. 1995/3061, art. 3(a) (with art. 4)

F6 S. 16(2) repealed (1.1.1992) by Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c. 25, SIF 39:1), ss. 7, 8, Sch. 3 para. 3(2), Sch. 4; S.I. 1991/2488, art. 2

F7 S. 16(3)(4) substituted (1.1.1992) for s. 16(3) by Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c. 25, SIF 39:1), ss. 7, 8, Sch. 3 para. 3(3); S.I. 1991/2488, art. 2

F8 Words in s. 16(3)(b) inserted (10.4.1995) by 1994 c. 33, s. 168(2), Sch. 10 para. 21; S.I. 1995/721, art. 2, Sch. Appendix A

Modifications etc. (not altering text)

C1 S. 16(1) modified (24.7.2002) by 1999 c. 23, s. 56(5) (with s. 63(2), Sch. 7 paras. 3(3), 5(2)); S.I. 2002/1739, art. 2