12 Appeal against finding of not guilty on ground of insanity.E+W+S+N.I.
(1)A person in whose case a finding is recorded under [F1Article 50(1) of the Mental Health Order] that he was not guilty of the offence charged on the ground of insanity may appeal [F2to the Court of Appeal against the finding-
(a)with the leave of the court; or
(b)if [F3, within 28 days from the date of the finding,] the judge of the court of trial grants a certificate that the case is fit for appeal.]
[F4(2)Subject to subsection (4) below, the Court—
(a)shall allow an appeal under this section if it thinks that the finding is unsafe; and
(b)shall dismiss such an appeal in any other case.]
(4)Where but for this subsection—
(a)an appeal under this section would fall to be allowed; and
(b)none of the grounds for allowing it relates to the question of the insanity of the appellant,
the Court 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.
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Amendments (Textual)
F1Words substituted by S.I. 1986/595 (N.I. 4), arts. 52(6), 136(1), Sch. 5 Pt. I
F2Words in s. 12(1) substituted (1.1.1996) by 1995 c. 35, ss. 1(4), 32(1); S.I. 1995/3061, art. 3(a)
F3Words in s. 12(1)(b) inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 47, 153(7)(8), Sch. 8 para. 16; S.I. 2008/1586, art. 2(1)(3), Sch. 1 para. 26 (subject to Sch. 2)
F4S. 12(2) substituted (1.1.1996) for s. 12(2)(3) by 1995 c. 35, ss. 2(4), 32(1); S.I. 1995/3061, art. 3(a)
Modifications etc. (not altering text)
C1S. 12 modified (N.I.) (31.3.1997) by 1995 c. 35, ss. 10(6), 32(1); S.I. 1997/402, art. 3(c)
C2S. 12 extended (N.I.) (27.7.1999) by 1999 c. 25, s. 3(1)
S. 12 modified (N.I.) (27.7.1999) by 1999 c. 25, s. 3(2)
C3S. 12(2) modified (4.5.2010) by The Criminal Evidence (Northern Ireland) Order 1999 (S.I. 1999/2789 (N.I. 8)), arts. 1(2), 34(5); S.R. 2010/142, art. 2, Sch. para. 1