Criminal Procedure (Insanity) Act 1964

Acquittal on grounds of insanity

1

The special verdict required by section 2 of the Trial 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”.

Appeal against special verdict

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• (1) A person in whose case a special verdict is returned may appeal against the verdict to the Court of Criminal Appeal—

• (a) on any ground of appeal which involves a question of law alone, and

• (b) with the leave of the Court of Criminal Appeal or upon the certificate of the judge or chairman of the court before which he came for trial that it is a fit case for appeal, on any ground of appeal which involves a question of fact alone or a question of mixed law and fact or any other ground which appears to the court to be a sufficient ground of appeal;

and the Court of Criminal Appeal on any such appeal shall subject as hereinafter provided allow the appeal if they think that the special verdict should be set aside on the ground that it is unreasonable or cannot be supported having regard to the evidence, or that the order of the court giving effect to the special verdict should be set aside on the ground of a wrong decision of any question of law or that on any ground there was a miscarriage of justice, and shall in any other case dismiss the appeal.

• (2) The Court of Criminal Appeal may dismiss an appeal against a special verdict if of opinion that notwithstanding that the point raised in the appeal might be decided in favour of the appellant no substantial miscarriage of justice has actually occurred.

• (3) Where apart from this subsection—

• (a) an appeal against a special verdict would fall to be allowed, and

• (b) none of the grounds for allowing it relates to the question of the insanity of the accused,

the Court of Criminal Appeal may dismiss the appeal if of opinion that but for the insanity of the accused the proper verdict would have been that he was guilty of an offence other than the offence charged.

• (4) This and the next following section shall be construed as one with the Criminal Appeal Act 1907 ; and—

• (a) references in sections 7, 8, 15(2), 18(1), 19, and 20(2) of that Act, and in the definition of "appellant" in section 21 thereof, to a person's being convicted shall include references to his being the subject of a special verdict;

• (b) the reference in section 11 of that Act to a person's being in custody shall not include a reference to his being in custody in consequence of a special verdict.

Supplementary provisions where appeal against special verdict allowed

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• (1) Where in accordance with the foregoing section an appeal against a special verdict is allowed :—

• (a) if the ground, or one of the grounds, for allowing the appeal is that the finding of the jury as to the insanity of the accused ought not to stand and the Court of Criminal Appeal are of opinion that the proper verdict would have been that he was guilty of an offence (whether the offence charged or any other offence of which the jury could have found him guilty), the court shall substitute for the special verdict a verdict of guilty of that offence, and shall have the like powers of punishing or otherwise dealing with the accused and other powers as the court before which he was tried would have had if the jury had come to the substituted verdict;

• (b) in any other case, the Court of Criminal Appeal shall substitute for the verdict of the jury a verdict of acquittal:

Provided that where the offence mentioned in paragraph (a) is one for which the sentence is fixed by law, the sentence shall (whatever the circumstances) be one of imprisonment for life.

• (2) The term of any sentence passed by the Court of Criminal Appeal in the exercise of the powers conferred by subsection (1)(a) of this section shall, unless the court otherwise direct, begin to run from the time when it would have begun to run if passed in the proceedings in the court before which the accused was tried.

In relation to a person sentenced to Borstal training, the reference in this subsection to the term of a sentence shall be construed as a reference to the periods during which, under the Prison Act 1952, he may be detained in a Borstal institution.

Unfitness to plead

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• (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 by the court without a jury .

• (6) The 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.

Orders for admission to hospital

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• (1) This section applies where—

• (a) a special verdict is returned that the accused is not guilty by reason of insanity; or

• (b) findings have been made that the accused is under a disability and that he did the act or made the omission charged against him.

• (2) The court shall make in respect of the accused—

• (a) a hospital order (with or without a restriction order);

• (b) a supervision order; or

• (c) an order for his absolute discharge.

• (3) Where—

• (a) the offence to which the special verdict or the findings relate is an offence the sentence for which is fixed by law, and

• (b) the court have power to make a hospital order,

the court shall make a hospital order with a restriction order (whether or not they would have power to make a restriction order apart from this subsection).

• (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.

Evidence by prosecution of insanity or diminished responsibility

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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 mental functioning as is specified in subsection (1) of section 2 of the Homicide 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.

Courts-martial

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Short title, interpretation, commencement, extent and repeals

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• (1) This Act may be cited as the Criminal Procedure (Insanity) Act 1964.

• (2) In this Act—

• “duly approved” in relation to a registered medical practitioner, 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;

• “local probation board” means a local probation board established under section 4 of the Criminal Justice and Court Services Act 2000;

• “registered medical practitioner” means a fully registered person within the meaning of the Medical Act 1983 who holds a licence to practise ;

• “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 the Mental Health Act 1983 have the same meanings in this Act as in Part III of that Act; . . .

• (2A) Subsections (2) and (3) of section 54 of the Mental Health Act 1983 shall have effect with respect to proof of the accused’s mental condition for the purposes of section 4 of this Act as they have effect with respect to proof of an offender’s mental condition for the purposes of section 37(2)(a) of that 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 . . .

• (4) This Act . . . shall extend to England and Wales only.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 1

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2

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3

A person who is admitted to a hospital in pursuance of an order under subsection (2) of section 5 of this Act shall be treated for the purposes of Part IV of the said Act of 1959 as if he had been admitted on the date of the order in pursuance of an application for admission for observation duly made under the said Part IV.

4

In the application of subsection (5) of section 63 of the said Act of 1959 to orders under subsection (1)(a) and (c) of section 5 of this Act, the proviso to section 63(5) shall have effect as if the reference to a conviction included a reference to a special verdict and to a finding that the accused was under disability.

SCHEDULE 2

Part I — Amendments of Army Act 1955 and Air Force Act 1955

Part II — Amendments of Naval Discipline Act 1957

Part III — . . .

Section 13A to be inserted in Courts-Martial (Appeals) Act 1951

Acquittal on grounds of insanity.

2

Finding that the accused did the act or made the omission charged against him.

4A

• (1) This section applies where in accordance with section 4(5) above it is determined by a court 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) 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.

5A

• (1) In relation to the making of an order by virtue of subsection (2)(a) of section 5 above, section 37 (hospital orders etc ) of the Mental Health Act 1983 (“ the 1983 Act ”) shall have effect as if—

• (a) 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;

• (b) the words after “punishable with imprisonment” and before “or is convicted” were omitted; and

• (c) for 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 shall be the duty of the managers of the hospital specified in the order to admit him in accordance with it.

• (2) In relation to a case where section 5 above applies but the court have not yet made one of the disposals mentioned in subsection (2) of that section—

• (a) section 35 of the 1983 Act (remand to hospital for report on accused’s mental condition) shall have effect with the omission of the words after paragraph (b) in subsection (3);

• (b) section 36 of that Act (remand of accused person to hospital for treatment) shall have effect with the omission of the words “(other than an offence the sentence for which is fixed by law)” in subsection (2);

• (c) references in sections 35 and 36 of that Act to an accused person shall be construed as including a person in whose case this subsection applies; and

• (d) section 38 of that Act (interim hospital orders) shall have effect as if—

• (i) 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; and

• (ii) the words “(other than an offence the sentence for which is fixed by law)” in that subsection were omitted.

• (3) In relation to the making of any order under the 1983 Act by virtue of this Act, references in the 1983 Act to an offender shall be construed as including references to a person in whose case section 5 above applies, and references to an offence shall be construed accordingly.

• (4) Where—

• (a) a person is detained in pursuance of a hospital order which the court had power to make by virtue of section 5(1)(b) above, and

• (b) the court also made a restriction order, and that order has not ceased to have effect,

the Secretary of State, if satisfied after consultation with the responsible clinician that the person can properly be tried, may remit the person for trial, either to the court of trial or to a prison.

On the person’s arrival at the court or prison, the hospital order and the restriction order shall cease to have effect.

• (5) Schedule 1A to this Act (supervision orders) has effect with respect to the making of supervision orders under subsection (2)(b) of section 5 above, and with respect to the revocation and amendment of such orders.

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Evidence by prosecution of insanity or diminished responsibility.

Effect of Orders for Admission to Hospital

SCHEDULE 1A

Part 1 — Preliminary

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• (1) In this Schedule “ supervision order ” means an order which requires the person in respect of whom it is made (“the supervised person”) to be under the supervision of a social worker , an officer of a local probation board or an officer of a provider of probation services (“the supervising officer”) for a period specified in the order of not more than two years.

• (2) A supervision order may, in accordance with paragraph 4 or 5 below, require the supervised person to submit, during the whole of that period or such part of it as may be specified in the order, to treatment by or under the direction of a registered medical practitioner.

• (3) The Secretary of State may by order direct that sub-paragraph (1) above shall be amended by substituting, for the period for the time being specified there, such period as may be specified in the order.

• (4) An order under sub-paragraph (3) above may make in paragraph 11(2) below any amendment which the Secretary of State thinks necessary in consequence of any substitution made by the order.

• (5) The power of the Secretary of State to make orders under sub-paragraph (3) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Part 2 — Making and effect of orders

Circumstances in which orders may be made

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• (1) The court shall not make a supervision order unless it is satisfied that, having regard to all the circumstances of the case, the making of such an order is the most suitable means of dealing with the accused or appellant.

• (2) The court shall not make a supervision order unless it is also satisfied—

• (a) that the supervising officer intended to be specified in the order is willing to undertake the supervision; and

• (b) that arrangements have been made for the treatment intended to be specified in the order.

Making of orders and general requirements

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• (1) A supervision order shall either—

• (a) specify the local social services authority area in which the supervised person resides or will reside, and require him to be under the supervision of a social worker of the local social services authority for that area; or

• (b) specify the local justice area in which that person resides or will reside, and require him to be under the supervision of an officer of a local probation board appointed for or assigned to that area, or (as the case may be) an officer of a provider of probation services acting in that area.

• (2) Before making such an order, the court shall explain to the supervised person in ordinary language—

• (a) the effect of the order (including any requirements proposed to be included in the order in accordance with paragraph 4, 5 or 8 below); and