Part II
would have had on the like finding of guilty; and section 17 of this Act shall apply as in the case of a sentence passed by the Court under section 13, 14 or 15 of this Act.
(4) In any case where subsection (2) above does not apply, the Appeal Court shall substitute for the finding appealed against a finding of not guilty.
Power to order detention under mental health legislation.
1959 c. 72.
1960 c. 61.
1961 c. 15 (N.I.).
23.—(1) The following provisions shall have effect in the case of an appeal by a person who, in pursuance of a finding of not guilty by reason of insanity, is detained under—
- (a) section 71 of the Mental Health Act 1959; or
- (b) section 64 of the Mental Health (Scotland) Act 1960; or
- (c) section 57 of the Mental Health Act (Northern Ireland) 1961,
(which sections relate to orders for a person to be kept in custody during Her Majesty’s pleasure), where the Appeal Court under section 22 of this Act substitute a finding of not guilty.
(2) If the Appeal Court are of opinion—
- (a) that the person is suffering from mental disorder (within the meaning of the Mental Health Act 1959) of a nature or degree which warrants his detention in a hospital under observation (with or without other medical treatment) for at least a limited period; and
- (b) that he ought to be so detained in the interests of his own health or safety or with a view to the protection of other persons,
they shall make an order for his continued detention under the said Act.
(3) An order under subsection (2) above shall be sufficient authority for the person to be detained, and the said Act shall apply as if on the date of the order he had been admitted to hospital in pursuance of an application duly made under that Act (being in England and Wales an application for admission for observation).
Unfitness to stand trial
Appeal against finding of unfitness. 24.—(1) A person found by a court-martial to be unfit to stand his trial may, with the leave of the Appeal Court, appeal to the Court against the finding.
(2) In relation to an appeal under this section, this Part of this Act, except sections 13 to 16, shall apply (subject to section 25 below) as it applies in relation to an appeal by a person convicted against his conviction (with the necessary adaptations of references to a person convicted or to conviction).
