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Criminal Cases Review (Insanity) Act 1999

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1Reference of former verdict of guilty but insane

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(1)Where a verdict was returned in England and Wales or Northern Ireland to the effect that a person was guilty of the act or omission charged against him but was insane at the time, the Criminal Cases Review Commission may at any time refer the verdict to the Court of Appeal if subsection (2) below applies.

(2)This subsection applies if the Commission consider that there is a real possibility that the verdict would not be upheld were the reference to be made and either—

(a)the Commission so consider because of an argument, or evidence, not raised in the proceedings which led to the verdict, or

(b)it appears to the Commission that there are exceptional circumstances which justify the making of the reference.

(3)Section 14 of the [1995 c. 35.] Criminal Appeal Act 1995 (supplementary provision about the reference of a verdict) shall apply in relation to a reference under subsection (1) above as it applies in relation to references under section 9 or 10 of that Act.

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