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Detention under insanity legislation

Previously, following ‘(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’, an ‘admission’ order could be made under s5 Criminal Procedure (Insanity) Act 1964; this could be with or without restrictions. For most purposes the admission order was treated the same as a hospital order.

Since amendments made by the Domestic Violence Crime and Victims Act 2004 with effect from 31/3/05, ‘proper’ hospital orders under the MHA are made via s5 CPIA.

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