Hansard References
The following table sets out the dates and Hansard references for each stage of this Act’s passage through Parliament.
| Stage | Date | Hansard reference |
|---|---|---|
| House of Lords | ||
| Introduction | 11 March 1999 | Vol 598 Col 354 |
| Second Reading | 23 March 1999 | Vol 598 Cols 1253-1258 |
| Committee | 13 April 1999 | Vol 599 Col 628 |
| Third Reading | 22 April 1999 | Vol 599 Col 1242 |
| House of Commons | ||
| Introduction | 30 April 1999 | Vol 329 Col 672 |
| Second Reading and Committee | 14 May 1999 | Vol 331 Cols 610-611 |
| Report and Third Reading | 23 July 1999 | Vols 335 Cols 1469-1505 |
| Royal Assent – 27 July 1999 | House of Lords Hansard Vol 604 Col 1422 |
| House of Commons Hansard Vol 336 Col 152 |
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.
Appeal against finding of not guilty on ground of insanity
S 12(1.A person in whose case a finding is recorded under Article 50(1) of the Mental Health Order that he was not guilty of the offence charged on the ground of insanity may appeal to the Court of Appeal against that finding –
(a.with the leave of the Court; or
(b.if the judge of the court of trial grants a certificate that the case is fit for appeal.
(2.Subject to subsection (4) below, the Court −
(a.shall allow an appeal under this section if it thinks that the finding is unsafe; and
(b.shall dismiss such an appeal in any other case.
(4.Where but for this subsection –
(a.an appeal under this section would fall to be allowed; and
(b.none of the grounds for allowing it relates to the question of the insanity of the appellant,
the Court may dismiss the appeal if 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.
Disposal of appeal allowed under s12
S 13(1.The following provisions apply where an appeal under section 12 of this Act is allowed in accordance with that section.
(2.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, but the Court of Appeal is 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 –
(a.shall substitute for the finding of not guilty on the ground of insanity a verdict of guilty of that offence; and
(b.subject to subsection (3) below, shall have the like powers of punishing or otherwise dealing with the appellant and all other powers as the court of trial would have had if the jury had returned that verdict.
(3.Where the offence mentioned in subsection (2) above is one for which the sentence fixed by law is one of death or of imprisonment for life, the sentence shall (whatever the circumstances) be one of imprisonment for life.
(4.In a case where the Court allows an appeal under section 12 above but subsection (2) of this section does not apply, the Court shall substitute for the finding of the jury a verdict of acquittal.
(5.An order of the Court allowing an appeal under section 12 of this Act shall operate as a direction to the chief clerk acting for the court of trial to amend the record to conform with the order.
(5A.Where, on an appeal under section 12, the Court is of opinion that the case is not one where there should have been a verdict of acquittal but that there should have been findings that the accused was unfit to be tried and that he did the act or made the omission charged against him, the court may make any such order as may be made under Article 50A(2) of the Mental Health Order (powers to deal with persons found not guilty on the ground of insanity).
(6.Where in accordance with subsection (4) of this section the Court substitutes a verdict of acquittal for a finding of not guilty on the ground of insanity, any order previously made in consequence of that finding under Article 50A(2) of the Mental Health Order shall cease to have effect, so however that if the Court is of opinion −
(a.that the appellant is suffering from mental disorder of a nature or degree which warrants his detention in a hospital for assessment (or for assessment followed by medical treatment); and
(b.that failure to so detain him would create a substantial likelihood of serious physical harm to himself or to other persons,
the Court shall make an order that the appellant be admitted for assessment to such hospital as may be required by the Department of Health and Social Services; and Schedule 2 to this Act shall apply as to the consequences and effect of an order made by the Court under this subsection.”
