Part 2

Criminal Justice

Unfitness to plead and insanity

Procedure for determining fitness to plead: England and Wales
22
1
The Criminal Procedure (Insanity) Act 1964 is amended as follows.
2
In section 4 (finding of unfitness to plead), in subsection (5) (question of fitness to be determined by a jury), for the words from “by a jury” to the end substitute “by the court without a jury”.
3
In subsection (6) of that section, for “A jury” substitute “The court”.
4
In subsection (1) of section 4A (finding that the accused did the act or omission charged against him), for “jury” substitute “court”.
5
For subsection (5) of that section substitute—
5
Where the question of disability was determined after arraignment of the accused, the determination under subsection (2) is to be made by the jury by whom he was being tried.