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Commencement Orders bringing legislation that affects this Act into force:
(1)Where there has been a determination under Article 49 of the Mental Health Order of the question of a person’s fitness to be tried, and [F2there has been][F3findings that he is unfit to be tried 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.]
[F4(2)An appeal under this section lies only—
(a)with the leave of the Court; or
(b)if [F5, within 28 days from the date of the finding that the person 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.]
(a)shall allow an appeal under this section if it thinks that [F7a finding] is unsafe; and
(b)shall dismiss such an appeal in any other case F8. . ..]
(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)[F9Where the Court of Appeal allows an appeal under this section against a finding that the appellant is unfit to be tried], the appellant may be tried accordingly for the offence with which he was charged, and the Court may make such orders as appear to it to be necessary or expedient pending any such trial for his custody, admission to bail or continued detention under the Mental Health Order.
(7)Where an order is made by the Court under subsection (6) above for a person’s continued detention under the Mental Health Order, Part III of that Order shall apply to him as if he had been ordered under that subsection to be kept in custody pending trial and were detained in pursuance of a transfer direction together with a restriction direction.]
[F10(8)Where, otherwise than in a case falling within subsection (6) above, the Court of Appeal allows an appeal under this section 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).]
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