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Mental Capacity Act (Northern Ireland) 2016

Section 247 - Appeals against orders made on finding of unfitness to be tried etc

This section applies where, by virtue of Chapter 6, a court makes a   public protection order or supervision and assessment order in respect of a person who is unfit to plead or who is not guilty by reason of insanity.

The section provides that the person has the same rights of appeal as if the order had been made upon his or her conviction.  Accordingly, for the purposes of section 8 of the Criminal Appeal (Northern Ireland) Act 1980 and Article 140 of the Magistrates’ Courts (Northern Ireland) Order 1981, the order is treated as if it were an order made on conviction, and for the purposes of Article 146 of the 1981 Order, the order is a determination of the proceedings in which the order was made.

On any appeal against the order, the Court of Appeal or county court has the same powers as if the appeal had been against both the finding and the sentence.

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Text created by the Northern Ireland Assembly department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes accompany all Acts of the Northern Ireland Assembly.


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