22Procedure for determining fitness to plead: England and WalesE+W
This section has no associated Explanatory Notes
(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.”