INSANITY LEGISLATION

Law as at 1/5/09

Criminal Procedure (Insanity) Act 1964 (as amended)

Contents

1, 2, 3, 4, 4A, 5, 5A, 6, 7, 8

Schedules: 1, 1A, 2

Single page version (current)
Single page version (pre 2005)
Statute Law Database

Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (as amended)

Contents

1, 2, 3, 4, 5, 6, 7, 8, 9

Schedules: 1, 2, 3, 4

Statute Law Database

Current law

Short title, interpretation, commencement, extent and repeals

8.— (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 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;]

“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) [...]

Amendments

Pending amendments

1. Medical Act 1983 (Amendment) Order 2002 sch 1 para 5: In section 8(2) of the Criminal Procedure (Insanity) Act 1964 (interpretation), in the definition of “registered medical practitioner”, after “Medical Act 1983” insert “who holds a licence to practise”.

Old law

Short title, interpretation, commencement, extent and repeals*

8.— (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 as having special experience in the diagnosis or treatment of mental disorder;

“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:

Provided that—

(a) sections 1, 4(1) to (5), 5(1)(a) and (c) and 6 shall not apply where the accused was arraigned before the said time;

(b) sections 2, 4(6) and 5(1)(b) and (d) shall apply whenever the accused was arraigned, but section 2 shall not apply where a special verdict was returned before the said time, section 4(6) where a finding that the accused is under disability was recorded before that time, or section 5(1)(b) or

(d) where the hearing of the appeal began before that time;

(c) section 7 shall apply in relation to courts-martial whenever commenced, except that it shall not have effect in relation to any finding come to by a court-martial before the said time or affect the procedure in a court-martial commenced before that time for determining the question whether the accused is unfit to stand his trial.

(4) This Act, except as respects courts-martial and matters arising out of proceedings in courts-martial, shall extend to England and Wales only.

(5) [...]

Amendments

* This section reflects the law prior to the Domestic Violence Crime and Victims Act 2004.

The text contains amendments by Medical Act 1983 (Amendment) Order 2002, Criminal Procedure (Insanity and Unfitness to Plead) Act 1991, Mental Health Act 1983, Statute Law (Repeals) Act 1974. See CPIA 1964 s8 for details.