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CPIA 1964 s5

INSANITY LEGISLATION
Law as at 1/5/09

Contents

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

Schedules: 1, 2, 3, 4

Statute Law Database

Current law

Powers to deal with persons not guilty by reason of insanity or unfit to plead etc.

[5.—(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).

(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.][1]

Amendments


Old law

Powers to deal with persons not guilty by reason of insanity or unfit to plead etc*

[5.— (1) This section applies where—

(a) a special verdict is returned that the accused is not guilty by reason of insanity; or
(b) findings are recorded that the accused is under a disability and that he did the act or made the omission charged against him.

(2) Subject to subsection (3) below, the court shall either—

(a) make an order that the accused be admitted, in accordance with the provisions of Schedule 1 to the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991, to such hospital as may be specified by the Secretary of State; or
(b) where they have the power to do so by virtue of section 5 of that Act, make in respect of the accused such one of the following orders as they think most suitable in all the circumstances of the case, namely—
(i) a guardianship order within the meaning of the Mental Health Act 1983;
(ii) a supervision and treatment order within the meaning of Schedule 2 to the said Act of 1991; and
(iii) an order for his absolute discharge.

(3) Paragraph (b) of subsection (2) above shall not apply where the offence to which the special verdict or findings relate is an offence the sentence for which is fixed by law.]

Amendments

This section was substituted by the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991

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