Part 2Criminal Justice
Unfitness to plead and insanity
22Procedure for determining fitness to plead: England and Wales
1
The Criminal Procedure (Insanity) Act 1964 is amended as follows.
2
In section 4 (finding of unfitness to plead), in subsection (5)
(question of fitness to be determined by a jury), for the words from “by a jury” to the end substitute “
by the court without a jury
”
.
3
In subsection (6) of that section, for “A jury” substitute “
The court
”
.
4
In subsection (1) of section 4A (finding that the accused did the act or omission charged against him), for “jury” substitute “
court
”
.
5
For subsection (5) of that section substitute—
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.