Criminal Law (Insanity) Act 2006
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Amendment of Defence Act 1954. |
21.— The Defence Act 1954 , is hereby amended by the substitution for sections 202, 203 and 203A thereof of the following sections: | |
“Mental disorder at time of trial. | ||
202.— (1) Where at the trial by court-martial of a person charged with an offence it appears that such person is by reason of mental disorder unfit to take his trial the following provisions, subject to subsection (4), shall have effect, that is to say: | ||
(a) the court-martial shall find specially that fact, | ||
(b) the court-martial, if it is satisfied having heard evidence relating to the mental condition of the person given by a consultant psychiatrist that such person is suffering from a mental disorder (within the meaning of the Act of 2001) and is in need of in-patient care or treatment in a designated centre, shall commit him to a specified designated centre until an order is made under section 13 of the Criminal Law (Insanity) Act 2006. | ||
(2) A finding under this section shall not require confirmation or be subject to revision. | ||
(3) A person charged with an offence shall not be fit to take his trial if he is unable by reason of mental disorder to understand the nature or course of the proceedings so as to— | ||
(a) plead to the charge, | ||
(b) instruct a legal representative, | ||
(c) make a proper defence, or | ||
(d) understand the evidence. | ||
(4) After the court-martial has found that a person charged with an offence is unfit to take his trial, it may on application to it and without prejudice to any further proceedings allow evidence to be adduced before it as to whether or not that person did the act or made the omission alleged against him and if the court-martial is satisfied that there is a reasonable doubt that the person committed that act or made the omission it shall acquit him. | ||
(5) In this section and in section 203 of this Act ‘mental disorder’ and ‘designated centre’ shall have the meanings respectively assigned to them by section 1 of the Criminal Law (Insanity) Act 2006, unless the context otherwise requires. | ||
Mental disorder at time of commission of offence. | ||
203.— (1) Where at the trial by court-martial of a person charged with an offence, the court-martial finds that the person did the act or made the omission charged but, having heard evidence relating to his mental condition given by a consultant psychiatrist, finds that he was at the time when he did the act or made the omission suffering from a mental disorder and that the mental disorder was such that he should not be held responsible for the act or omission alleged by reason of the fact that— | ||
(a) he did not know the nature and quality of the act he was doing, or | ||
(b) he did not know what he was doing was wrong, or | ||
(c) he was unable to refrain from committing the act or making the omission, | ||
the court-martial shall specially find that theperson is not guilty by reason of insanity. | ||
(2) If the court-martial having considered any evidence adduced before it is satisfied that the person found not guilty by reason of insanity is suffering from a mental disorder (within the meaning of the Act of 2001) and is in need of in-patient care or treatment in a designated centre the court-martial shall, after consultation with the clinical director of the designated centre concerned, commit him to a specified designated centre until an order is made under section 13 of the Criminal Law (Insanity) Act 2006. | ||
(3) A finding under this section shall not require confirmation or be subject to revision. | ||
Diminished responsibility. | ||
203A.— Section 6 of the Criminal Law (Insanity) Act 2006, shall apply with any necessary modifications to a person subject to military law who is tried by court-martial for murder as it applies to a person who is tried for murder.”. |