SCHEDULES

SCHEDULE 1 U.K. Times when Proceedings are Active for Purposes of Section 2

Criminal proceedings U.K.

10 U.K.Without prejudice to paragraph 5(b) above, criminal proceedings against a person cease to be active—

(a) if the accused is found to be under a disability such as to render him unfit to be tried or unfit to plead or, in Scotland, is found to be insane in bar of trial; or

(b) if a hospital order is made in his case under [F1 section 51(5) of the Mental Health Act 1983] or [F2 Article 57(5) of the Mental Health (Northern Ireland) Order 1986] or, in Scotland, where [F3 an assessment order or a treatment order ceases to have effect by virtue of sections 52H or 52R respectively of the Criminal Procedure (Scotland) Act 1995],

but become active again if they are later resumed.

Textual Amendments

F1 Words substituted by Mental Health Act 1983 (c. 20), Sch. 4 para. 57(c)

F2 Words substituted by S.I. 1986/595 (N.I. 4), art. 136(1), Sch. 5 Pt. II

F3 Words in Sch. 1 para. 10(b) substituted (S.) (27.9.2005) by The Mental Health (Care and Treatment) (Scotland) Act 2003 (Modification of Enactments) Order 2005 (S.S.I. 2005/465), Sch. 1 para. 11(2)