Criminal Procedure (Scotland) Act 1995

190 Disposal of appeal where appellant [F1not criminally responsible].S

(1)In relation to any appeal under section 175(2) of this Act, the High Court shall, where it appears to it that the appellant committed the act charged against him but that he was [F2not, because of section 51A of this Act, criminally responsible for it], dispose of the appeal by—

(a)setting aside the verdict of the inferior court and substituting therefor a verdict of acquittal [F3by reason of the special defence set out in section 51A of this Act]; and

(b)quashing any sentence imposed on the appellant as respects the complaint and—

(i)making, in respect of the appellant, any order mentioned in section 57(2)(a) to (d) of this Act; or

(ii)making no order.

(2)[F4Subsections (3) to (6)] of section 57 of this Act shall apply to an order made under subsection (1)(b)(i) above as it applies to an order made under subsection (2) of that section.

Textual Amendments

F1Words in s. 190 heading substituted (with application in accordance with art. 3 of the commencing S.S.I.) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), s. 206(1), sch. 7 para. 57; S.S.I. 2012/160, art. 3, sch.

F2Words in s. 190(1) substituted (with application in accordance with art. 3 of the commencing S.S.I.) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), s. 206(1), sch. 7 para. 58(a); S.S.I. 2012/160, art. 3, sch.

F3Words in s. 190(1) substituted (with application in accordance with art. 3 of the commencing S.S.I.) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), s. 206(1), sch. 7 para. 58(b); S.S.I. 2012/160, art. 3, sch.