Criminal Evidence (Amendment) Act 1997

2 Persons detained following acquittal on grounds of insanity or finding of unfitness to plead. E+W

(1) This section has effect for enabling non-intimate samples to be taken from persons under section 63 of the 1984 Act without the appropriate consent where they are persons to whom this section applies.

(2) Accordingly, in section 63 of the 1984 Act—

(a) after subsection (3B) there shall be inserted—

“(3C) A non-intimate sample may also be taken from a person without the appropriate consent if he is a person to whom section 2 of the Criminal Evidence (Amendment) Act 1997 applies (persons detained following acquittal on grounds of insanity or finding of unfitness to plead).”; and

(b) in subsection (8A) (giving of reason for taking sample without appropriate consent), for “or (3B)” there shall be substituted “ , (3B) or (3C) above ”.

(3) This section applies to a person if—

(a) [F1 he has at any time been detained or]at the relevant time he is detained under Part III of the M1 Mental Health Act 1983 in pursuance of an order made under—

(i) section 5(2)(a) of the M2 Criminal Procedure (Insanity) Act 1964 or section 6 or 14 of the M3 Criminal Appeal Act 1968 (findings of insanity or unfitness to plead), or

(ii) section 37(3) of the M4 Mental Health Act 1983 (power of magistrates’ court to make hospital order without convicting accused); and

(b) that order was made on or after the date of the passing of this Act in respect of a recordable offence.

(4) This section also applies to a person if—

(a) [F2 he has at any time been detained or]at the relevant time he is detained under Part III of the M5 Mental Health Act 1983 in pursuance of an order made under—

(i) any of the provisions mentioned in subsection (3)(a), or

(ii) section 5(1) of the M6 Criminal Procedure (Insanity) Act 1964 as originally enacted; and

(b) that order was made before the date of the passing of this Act in respect of any offence listed in Schedule 1 to this Act.

(5) Subsection (4)(a)(i) does not apply to any order made under section 14(2) of the M7 Criminal Appeal Act 1968 as originally enacted.

(6) For the purposes of this section an order falling within subsection (3) or (4) shall be treated as having been made in respect of an offence of a particular description—

(a) if, where the order was made following—

(i) a finding of not guilty by reason of insanity, or

(ii) a finding that the person in question was under a disability and did the act or made the omission charged against him, or

(iii) a finding for the purposes of section 37(3) of the M8 Mental Health Act 1983 that the person in question did the act or made the omission charged against him, or

(iv) (in the case of an order made under section 5(1) of the M9 Criminal Procedure (Insanity) Act 1964 as originally enacted) a finding that he was under a disability,

that finding was recorded in respect of an offence of that description; or

(b) if, where the order was made following the Court of Appeal forming such opinion as is mentioned in section 6(1) or 14(1) of the M10 Criminal Appeal Act 1968, that opinion was formed on an appeal brought in respect of an offence of that description.

(7) In this section any reference to an Act “as originally enacted” is a reference to that Act as it had effect without any of the M11 amendments made by the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991.

Textual Amendments

F1 Words in s. 2(3)(a) inserted (7.3.2011) by Crime and Security Act 2010 (c. 17), ss. 2(10), 59(1); S.I. 2011/414, art. 2(b)

F2 Words in s. 2(4)(a) inserted (7.3.2011) by Crime and Security Act 2010 (c. 17), ss. 2(10), 59(1); S.I. 2011/414, art. 2(b)

Marginal Citations

M1 1983 c. 20.

M2 1964 c. 84.

M3 1969 c. 19.

M4 1983 c. 20.

M5 1983 c. 20.

M6 1964 c. 84.

M7 1968 c. 19.

M8 1983 c. 20.

M9 1964 c. 84.

M10 1968 c. 19.

M11 1991 c. 25.