Criminal Procedure (Insanity and Unfitness to Plead) Act 1991

Section 7.

SCHEDULE 3 E+W Minor and Consequential Amendments

1 (1) In subsection (2) of section 8 of the 1964 Act (short title, interpretation etc.), immediately before the definition of “special verdict” there shall be inserted the following definitions— E+W

““duly approved” in relation to a registered medical practitioner, means approved for the purposes of section 12 of the Mental Health Act 1983 by the Secretary of State as having special experience in the diagnosis or treatment of mental disorder;

“registered medical practitioner” means a fully registered person within the meaning of the Medical Act 1983;”.

(2) After that subsection there shall be inserted the following subsection—

“(2A) Subsections (2) and (3) of section 54 of the Mental Health Act 1983 shall have effect with respect to proof of the accused’s mental condition for the purposes of section 4 of this Act as they have effect with respect to proof of an offender’s mental condition for the purposes of section 37(2)(a) of that Act.”

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I1 Sch. 3 para. 1 wholly in force at 1.1.1992 see s. 9(2) and S.I. 1991/2488, art. 2.

2 In section 15(1) of the 1968 Act (right of appeal against finding of disability), for the words from “a finding” to the end there shall be substituted the words “ 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 ”. E+W

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I2 Sch. 3 para. 2 wholly in force at 1.1.1992 see s. 9(2) and S.I. 1991/2488, art. 2.

3 F1 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

(2) Subsection (2) of that section shall cease to have effect.

(3) For subsection (3) of that section there shall be substituted the following subsections—

“(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 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).”

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1 Sch. 3 para. 3(1) repealed (1.1.1996) by 1995 c. 35, s. 29(2), Sch. 3; S.I. 1995/3061, art. 3(d)(i)(viii)

Commencement Information

I3 Sch. 3 para. 3 wholly in force at 1.1.1992 see s. 9(2) and S.I. 1991/2488, art. 2.

F2 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F2 Sch. 3 para. 4 repealed (31.3.1997) by 1995 c. 35, s. 29(2), Sch. 3; S.I. 1997/402, art. 3(f)

5 (1) In subsection (1) of section 51 of the 1968 Act (interpretation)— E+W

(a) after the definition of “the defendant” there shall be inserted the following definition—

““duly approved”, in relation to a registered medical practitioner, means approved for the purposes of section 12 of the Mental Health Act 1983 by the Secretary of State as having special experience in the diagnosis or treatment of mental disorder;”; and

(b) after the definition of “the judge of the court of trial” there shall be inserted the following definition—

““registered medical practitioner” means a fully registered person within the meaning of the Medical Act 1983;”.

(2) After subsection (2) of that section there shall be inserted the following subsection—

“(2A) Subsections (2) and (3) of section 54 of the Mental Health Act 1983 shall have effect with respect to proof of the appellant’s mental condition for the purposes of section 6, 14 or 14A of this Act as they have effect with respect to proof of an offender’s mental condition for the purposes of section 37(2)(a) of that Act.”

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I4 Sch. 3 para. 5 wholly in force at 1.1.1992 see s. 9(2) and S.I. 1991/2488, art. 2.

6 In section 81(1A) of the M1 Supreme Court Act 1981 (bail), for the words “finding of disability” there shall be substituted the words “ findings that the accused is under a disability and that he did the act or made the omission charged against him ”. E+W

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I5 Sch. 3 para. 6 wholly in force at 1.1.1992 see s. 9(2) and S.I. 1991/2488, art. 2.

Marginal Citations

M1 1981 c. 54.

7 In section 16(4)(a) of the M2 Prosecution of Offences Act 1985 (defence costs), for sub-paragraph (iii) there shall be substituted the following sub-paragraph— E+W

“(iii) a finding under the Criminal Procedure (Insanity) Act 1964 that the appellant is under a disability, or that he did the act or made the omission charged against him;”.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I6 Sch. 3 para. 7 wholly in force at 1.1.1992 see s. 9(2) and S.I. 1991/2488, art. 2.

Marginal Citations

M2 1985 c. 23.

8 In section 19(3) of the Prosecution of Offences Act 1985 (provision for orders as to costs in other circumstances), after paragraph (c) there shall be inserted the following paragraph— E+W

“(d) to cover the proper fee or costs of a person appointed by the Crown Court under section 4A of the Criminal Procedure (Insanity) Act 1964 to put the case for the defence.”

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I7 Sch. 3 para. 8 wholly in force at 1.1.1992 see s. 9(2) and S.I. 1991/2488, art. 2.