Domestic Violence, Crime and Victims Act 2004 (c. 28)

SCHEDULES

SCHEDULE 3 E+W Unfitness to stand trial and insanity: courts-martial etc

Courts-Martial (Appeals) Act 1968 (c. 20) E+W

12 E+W For section 25 substitute—

“25 Disposal of appeal under s. 24

(1) This section applies to appeals under section 24 of this Act.

(2) Where the Appeal Court allow an appeal against a finding that the appellant is unfit to stand trial—

(a) the appellant may be tried accordingly for the offence with which he was charged; and

(b) the Court may make such orders as appear to them necessary or expedient pending any such trial for the custody, release or continued detention of the appellant.

(3) Where, otherwise than in a case falling within subsection (2) above, the Appeal Court allow an appeal against a finding that the appellant did the act or made the omission charged against him, the Court shall, in addition to quashing the finding, direct a finding of not guilty to be recorded (but not a finding of not guilty by reason of insanity).”