Part 7

Trial by Court Martial
Chapter 4

Findings of Unfitness to Stand Trial and Insanity

Provision supplementary to sections 166 and 168
172
1
In sections 166 and 168 and this section “duly approved” means approved for the purposes of section 12 of the Mental Health Act 1983 by the Secretary of State , or by another person by virtue of section 12ZA or 12ZB of that Act, as having special experience in the diagnosis or treatment of mental disorder.
2
For the purposes of the provisions of sections 166 and 168 which permit a court to act on the written evidence of—
a
a registered medical practitioner, or
b
a registered medical practitioner who is duly approved,
a report in writing purporting to be signed by a registered medical practitioner or a registered medical practitioner who is duly approved may (subject to subsection (4)) be received in evidence without proof of the signature of the practitioner and without proof that he has the requisite qualifications or is duly approved.
3
The court may require the signatory of any such report to be called to give oral evidence.
4
Where in pursuance of a direction of the court any such report is tendered in evidence otherwise than by or on behalf of the defendant, then—
a
if the defendant is represented by counsel or a solicitor, a copy of the report must be given to his counsel or solicitor;
b
if the defendant is not so represented the substance of the report must be disclosed to him or, if he is aged under 18, to his parent or guardian if present in court;
c
the defendant may require the signatory of the report to be called to give oral evidence; and
d
evidence to rebut the evidence contained in the report may be called by the defendant or on his behalf.
S. 172 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)
Pt. 7 modified (31.10.2009) by The Armed Forces (Court Martial) Rules 2009 (S.I. 2009/2041), art. 1, rule 128(1)
S. 172 applied (with modifications) by 1968 c. 20, s. 22(3B) (as substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 23(c) (with s. 385); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4)
S. 172 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4
Words in s. 172(1) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 38(5)(e), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)