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Criminal Appeal (Northern Ireland) Act 1980
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Changes over time for: Section 11
Version Superseded: 01/01/1998
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11 Appeal against conviction: substitution of finding of insanity.U.K.
[F1(1)If, on an appeal, it appears to the Court of Appeal that, although the appellant did the act or made the omission charged against him, he was an insane person at the time the act was done or the omission made, the Court may—
(a)quash the conviction and direct that a finding of not guilty on the ground of insanity be entered; and
(b)quash the sentence passed at the trial and make any such order as may be made under [F2Article 50 of the Mental Health Order] (admission to hospital of persons found not guilty by reason of insanity).]
[F3(2)If, on an appeal, it appears to the Court of Appeal that the case is not one where there should have been a verdict of acquittal, but that there should have been a finding that the accused was unfit to be tried, the Court may—
(a)quash the conviction and any sentence passed at the trial; and
(b)make any such order as may be made under Article 49 of the Mental Health Order (admission to hospital of persons found unfit to be tried).]
Textual Amendments
F1By S.I. 1986/595 (N.I. 4), arts. 51(6), 136(1), Sch. 5 Pt. I it is provided that section 11 is renumbered as subsection (1) of that section
F2Words substituted by S.I. 1986/595 (N.I. 4), arts. 51(6), 136(1), Sch. 5 Pt. I
F3S. 11(2) inserted by S.I. 1986/595 (N.I. 4), arts. 51(6), 136(1), Sch. 5 Pt. I
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