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Criminal Procedure (Insanity and Unfitness to Plead) Act 1991

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This is the original version (as it was originally enacted).

4(1)If, while a person is detained in pursuance of an admission order made by virtue of section 5(1)(b) of the 1964 Act (findings of unfitness to plead etc.), the Secretary of State, after consultation with the responsible medical officer, is satisfied that that person can properly be tried, the Secretary of State may remit that person for trial either—

(a)to the court of trial; or

(b)to a prison; or

(c)to a remand centre provided under section 43 of the [1952 c. 52.] Prison Act 1952;

and on his arrival at the court, prison or remand centre, the order shall cease to have effect.

(2)For the purposes of sub-paragraph (1) above, a person shall not be treated as detained in pursuance of such an order as is there mentioned if—

(a)no direction has been given in his case under paragraph 2(1)(b) above; or

(b)the Secretary of State has directed under section 42(1) of the 1983 Act that he shall cease to be subject to the special restrictions set out in section 41(3) of that Act.

(3)In relation to persons ordered under section 2 of the [1800 c. 94.] Criminal Lunatics Act 1800 to be kept in custody, sub-paragraphs (1) and (2) above shall apply as if the order were such an order as is mentioned in sub-paragraph (1) above.

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