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10Without prejudice to paragraph 5(b) above, criminal proceedings against a person cease to be active—
(a)if the accused is found to be under a disability such as to render him unfit to be tried or unfit to plead or, in Scotland, is found to be insane in bar of trial; or
(b)if a hospital order is made in his case under paragraph (b) of subsection (2) of section 76 of the Mental Health Act 1959 or paragraph (b) of subsection (2) of section 62 of the Mental Health Act (Northern Ireland) 1961 or, in Scotland, where a transfer order ceases to have effect by virtue of section 68(1) of the Mental Health (Scotland) Act 1960, but become active again if they are later resumed.
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