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Criminal Cases Review (Insanity) Act 1999

Criminal Cases Review (Insanity) Act 1999

1999 CHAPTER 25

Annex Extract from the Criminal Appeal Act 1968:

Disposal of appeal under s12

S 13

(1)Subject to the provisions of this section, the Court of Appeal –

(a)shall allow an appeal under section 12 of this Act if they think that the verdict is unsafe; and

(b)shall dismiss such an appeal in any other case.

(3)Where apart from this subsection –

(a)an appeal under section 12 of this Act would fall to be allowed; and

(b)none of the grounds for allowing it relates to the question of the insanity of the accused,

the Court of Appeal may dismiss the appeal if they are of opinion that, but for the insanity of the accused, the proper verdict would have been that he was guilty of an offence other than the offence charged.

(4)Where an appeal under section 12 of this Act is allowed, the following provisions apply:-

(a)if the ground, or one of the grounds, for allowing the appeal is that the finding of the jury as to the insanity of the accused ought not to stand and the Court of Appeal are of opinion that the proper verdict would have been that he was guilty of an offence (whether the offence charged or any other offence of which the jury could have found him guilty), the Court –

(i)shall substitute for the verdict of not guilty by reason of insanity a verdict of guilty of that offence; and

(ii)shall, subject to subsection (5) below, have the like powers of punishing or otherwise dealing with the appellant, and other powers, as the court of trial would have had if the jury had come to the substituted verdict; and

(b)in any other case, the Court of Appeal shall substitute for the verdict of the jury a verdict of acquittal.

(5)The Court of Appeal shall not by virtue of subsection (4)(a) above sentence any person to death; but where under that paragraph they substitute a verdict of guilty of an offence for which apart from this subsection they would be required to sentence the appellant to death, their sentence shall (whatever the circumstances) be one of imprisonment for life.

(6)An order of the Court of Appeal allowing an appeal in accordance with this section shall operate as a direction to the court of trial to amend the record to conform with the order.

Substitution of findings of unfitness to plead etc

S 14

(1)This section applies where, on an appeal under section 12 of this Act, the Court of Appeal, on the written or oral evidence of two or more registered medical practitioners at least one of whom is duly approved, are of opinion that –

(a)the case is not one where there should have been a verdict of acquittal; but

(b)there should have been findings that the accused was under a disability and that he did the act or made the omission charged against him.

(2)Subject to subsection (3) below, the Court of Appeal shall either –

(a)make an order that the appellant be admitted, in accordance with the provisions of Schedule 1 to the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991, to such hospital as may be specified by the Secretary of State; or

(b)where they have the power to do so by virtue of section 5 of that Act, make in respect of the appellant such one of the following orders as they think most suitable in all the circumstances of the case, namely-

(i)a guardianship order within the meaning of the Mental Health Act 1983;

(ii)a supervision and treatment order within the meaning of Schedule 2 to the said Act of 1991; and

(iii)an order for his absolute discharge.

(3)Paragraph (b) of subsection (2) above shall not apply where the offence to which the appeal relates is an offence the sentence for which is fixed by law.

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