Part I U.K. Appeal to Court of Appeal from Crown Court

Modifications etc. (not altering text)

C1 Ss. 1-30 (Pt. I) extended (N.I.) (25.8.1996) by 1996 c. 22, ss. 11(6), 62(1) (with s. 62(2))

Appeal in cases of insanity U.K.

[F1 11 Appeal against conviction: substitution of finding of insanity. U.K.

(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 [F2 Article 50A(2) of the Mental Health Order (powers to deal with 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 [F4 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—

(a) quash the conviction and any sentence passed at the trial; and

(b) make any such order as may be made under [F5 Article 5OA(2) of the Mental Health Order (powers to deal with persons found unfit to be tried)]]

Textual Amendments

F1 By 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

F2 Words in s. 11(1)(b) substituted (1.1.1998) by S.I. 1996/3160 (N.I. 24), art. 58(1), Sch. 5 para. 5(a) ; S.R. 1997/523, art. 2(i)

F3 S. 11(2) inserted by S.I. 1986/595 (N.I. 4), arts. 51(6), 136(1), Sch. 5 Pt. I

F4 Words in s. 11(2) substituted (1.1.1998) by S.I. 1996/3160 (N.I. 24), art. 58(1), Sch. 5 para. 5(b)(i); S.R. 1997/523, art. 2(i)

F5 Words in s. 11(2)(b) substituted (1.1.1998) by S.I. 1996/3160 (N.I. 24), art. 58(1), Sch. 5 para. 5(b)(ii); S.R. 1997/523, art. 2(i)