Part 2Criminal Justice

Unfitness to plead and insanity

23Procedure for determining fitness to be tried: Northern Ireland

(1)

The Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4)) is amended as follows.

(2)

In Article 49 (finding of unfitness to be tried), in paragraph (4) (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 paragraph (4A) of that Article, for “A jury” substitute “ The court ”.

(4)

In paragraph (1) of Article 49A (finding that the accused did the act or omission charged against him), for “jury” substitute “ court ”.

(5)

For paragraph (5) of that Article substitute—

“(5)

Where the question of fitness to be tried was determined after arraignment of the accused, the determination under paragraph (2) is to be made by the jury by whom he was being tried.”