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Criminal Procedure (Insanity) Act 1964

Consolidated Text As Enacted Cited authorities 38 Cited in Amendments 144 Related
JurisdictionUK Non-devolved
Citation1964 c. 84
Year1964
  • The special verdict required by section 2 of the
    • (1) This section applies where on the trial of a person the question arises (at the instance of the defence or otherwise) whether the accused is under a disability, that is to say, under any disability such that apart from this Act it would constitute a bar to his being tried.(2) If, having regard to the nature of the supposed disability, the court are of opinion that it is expedient to do so and in the interests of the accused, they may postpone consideration of the question of fitness to be tried until any time up to the opening of the case for the defence.(3) If, before the question of fitness to be tried falls to be determined, the jury return a verdict of acquittal on the count or each of the counts on which the accused is being tried, that question shall not be determined.(4) Subject to subsections (2) and (3) above, the question of fitness to be tried shall be determined as soon as it arises.(5) The question of fitness to be tried shall be determined F16by the court without a jury .(6) F30The court shall not make a determination under subsection (5) above except on the written or oral evidence of two or more registered medical practitioners at least one of whom is duly approved.(1) This section applies where in accordance with section 4(5) above it is determined by a F17court that the accused is under a disability.on the evidence (if any) already given in the trial; andon such evidence as may be adduced or further adduced by the prosecution, or adduced by a person appointed by the court under this section to put the case for the defence,(3) If as respects that count or any of those counts the jury are satisfied as mentioned in subsection (2) above, they shall make a finding that the accused did the act or made the omission charged against him.(4) If as respects that count or any of those counts the jury are not so satisfied, they shall return a verdict of acquittal as if on the count in question the trial had proceeded to a conclusion.(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.a special verdict is returned that the accused is not guilty by reason of insanity; orfindings have been made that the accused is under a disability and that he did the act or made the omission charged against him.a hospital order (with or without a restriction order) ;a supervision order; oran order for his absolute discharge.the offence to which the special verdict or the findings relate is an offence the sentence for which is fixed by law, andthe court have power to make a hospital order,(3A) Where the court have power under subsection (2) (c) to make an order for the absolute discharge of the accused, they may do so where they think, having regard to the circumstances, including the nature of the offence charged and the character of the accused, that such an order would be most suitable in all the circumstances of the case.(4) In this section—
    • “hospital order” has the meaning given in section 37 of the Mental Health Act 1983;
    • “restriction order” has the meaning given to it by section 41 of that Act;
    • “supervision order” has the meaning given in Part 1 of Schedule 1A to this Act.
    the reference in subsection (1) to a person being convicted before the Crown Court included a reference to the case where section 5 above applies;the words after “punishable with imprisonment” and before “or is convicted” were omitted; andfor subsections (4) and (5) there were substituted—
    • “(4) Where an order is made under this section requiring a person to be admitted to a hospital (“a hospital order”) , it...
    Where an order is made under this section requiring a person to be admitted to a hospital (“a hospital order”) , it

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