The special verdict required by section 2 of the M1Trial of Lunatics Act 1883 (hereinafter referred to as a “special verdict”) shall be that the accused is not guilty by reason of insanity; and accordingly in subsection (1) of that section for the words from “a special verdict” to the end there shall be substituted the words “a special verdict that the accused is not guilty by reason of insanity”.
Marginal Citations
(1)Where on the trial of a person the question arises (at the instance of the defence or otherwise) whether the accused is under disability, that is to say under any disability such that apart from this Act it would constitute a bar to his being tried, the following provisions shall have effect.
(2)The court, if having regard to the nature of the supposed disability the court are of opinion that it is expedient so to do and in the interests of the accused, may postpone consideration of the said question (hereinafter referred to as “the question of fitness to be tried”) until any time up to the opening of the case for the defence, and 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.
(3)Subject to the foregoing subsection, the question of fitness to be tried shall be determined as soon as it arises.
(4)The question of fitness to be tried shall be determined by a jury; and—
(a)where it falls to be determined on the arraignment of the accused, then if the trial proceeds the accused shall be tried by a jury other than that which determined that question;
(b)where it falls to be determined at any later time it shall be determined by a separate jury or by the jury by whom the accused is being tried, as the court may direct.
(5)Where in accordance with subsection (2) or (3) of this section it is determined that the accused is under disability, the trial shall not proceed or further proceed.
(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2
(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3
Textual Amendments
F3S. 4(7) repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6
Prospective
(1)This section applies where in accordance with section 4(5) above it is determined by a jury that the accused is under a disability.
(2)The trial shall not proceed or further proceed but it shall be determined by a jury—
(a)on the evidence (if any) already given in the trial; and
(b)on 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,
whether they are satisfied, as respects the count or each of the counts on which the accused was to be or was being tried, that he did the act or made the omission charged against him as the offence.
(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)A determination under subsection (2) above shall be made—
(a)where the question of disability was determined on the arraignment of the accused, by a jury other than that which determined that question; and
(b)where that question was determined at any later time, by the jury by whom the accused was being tried.
(1)Where—
(a)a special verdict is returned, or
(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5
(c)a finding is recorded that the accused is under disability,
(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6
the court shall make an order that the accused be admitted to such hospital as may be specified by the Secretary of State.
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7
(3)The provisions in that behalf of Schedule 1 to this Act shall have effect in relation to orders for admission to hospital made under this section.
(4)Subject to the provisions of the said Schedule, if while a person is detained in pursuance of an order under paragraph (c) of subsection (1) of this section the Secretary of State, after consultation with the responsible medical officer, is satisfied that the said person can properly be tried, the Secretary of State may remit that person to prison, or to a remand centre provided under section 43 of the M2Prison Act 1952, for trial . . . F8; and on his arrival at the prison or remand centre the order under subsection (1)(c) shall cease to have effect.
In relation to persons ordered under section 2 of the M3Criminal Lunatics Act 1800 to be kept in custody this subsection and paragraph 2(2) of Schedule 1 to this Act shall apply as if the order were an order under subsection (1)(c) of this section.
(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7
Textual Amendments
F5S. 5(1)(b) repealed by Criminal Appeal Act 1968 (c. 19), Sch. 7
F6S. 5(1)(d) repealed by Criminal Appeal Act 1968 (c. 19), Sch. 7
F7S. 5(2)(5) repealed by Criminal Appeal Act 1968 (c. 19), Sch. 7
F8Words repealed by Courts Act 1971 (c. 23), Sch. 11 Pt. IV
Marginal Citations
Where on a trial for murder the accused contends—
(a)that at the time of the alleged offence he was insane so as not to be responsible according to law for his actions; or
(b)that at that time he was suffering from such abnormality of mind as is specified in subsection (1) of section 2 of the M4Homicide Act 1957 (diminished responsibility),
the court shall allow the prosecution to adduce or elicit evidence tending to prove the other of those contentions, and may give directions as to the stage of the proceedings at which the prosecution may adduce such evidence.
Marginal Citations
In the Army Act 1955 and the Air Force Act 1955, in the Naval Discipline Act 1957 and in the Courts Martial (Appeals) Act 1951 there shall be made at the places mentioned in the first column in Parts I, II and III respectively of Schedule 2 to this Act the amendments provided for by that Schedule (being amendments designed to make in relation to courts-martial provision similar to sections 1 to 5 of this Act).
Modifications etc. (not altering text)
C1The text of S. 7, Sch. 2 Pt. I, is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
(1)This Act may be cited as the Criminal Procedure (Insanity) Act 1964.
(2)In this Act—
“special verdict” has the meaning assigned by section 1 of this Act,
“under disability” has the meaning assigned by section 4 of this Act,
“verdict of acquittal” does not include a special verdict, and any reference to acquittal shall be construed accordingly,
and other expressions used in this Act and in [F9the Mental Health Act 1983] have the same meanings in this Act as in [F9Part III] of that Act; and references to that Act in [F9sections 137 to 139] thereof shall include references to Schedule 1 to this Act.
(3)This Act shall come into operation at the time of expiration of a period of one month beginning with the day on which it was passed:
Provided that—
(a)sections 1, 4(1) to (5), 5(1)(a) and (c) and 6 shall not apply where the accused was arraigned before the said time;
(b)sections 2, 4(6) and 5(1)(b) and (d) shall apply whenever the accused was arraigned, but section 2 shall not apply where a special verdict was returned before the said time, section 4(6) where a finding that the accused is under disability was recorded before that time, or section 5(1)(b) or (d) where the hearing of the appeal began before that time;
(c)section 7 shall apply in relation to courts-martial whenever commenced, except that it shall not have effect in relation to any finding come to by a court-martial before the said time or affect the procedure in a court-martial commenced before that time for determining the question whether the accused is unfit to stand his trial.
(4)This Act, except as respects courts-martial and matters arising out of proceedings in courts-martial, shall extend to England and Wales only.
(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10
Textual Amendments
F9Words substituted by Mental Health Act 1983 (c. 20, SIF 85), Sch. 4 para. 18(a)
F10S. 8(5) repealed by Statute Law (Repeals) Act 1974 (c. 22), Sch. Pt. XI