Page:Criminal Appeal Act 1968 (UKPGA 1968-19 qp).pdf/12

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the Court shall make an order that the appellant be admitted for observation to such hospital as may be specified by the Secretary of State.

(3) Schedule 1 to this Act applies with respect to the consequences and effect of an order made by the Court of Appeal under this section.

(4) On making an order under this section in the case of any person, the Court of Appeal may give such directions as they think fit for his conveyance to a place of safety and his detention there pending his admission to hospital within the relevant period specified in Schedule 1 to this Act.

(5) In section 72 of the Mental Health Act 1959 (which relates to the removal to hospital of persons serving sentences of imprisonment and is applied by subsection (6) of the section also to persons in other forms of detention) references to a person serving a sentence of imprisonment shall be construed as not including references to a person subject to an order of the Court of Appeal under subsection (1) of this section. Unfitness to stand trial

15.—(1) Where there has been a determination under section 4 of the Criminal Procedure (Insanity) Act 1964 of the question of a person’s fitness to be tried, and the jury has returned a finding that he is under disability, the person may appeal to the Court of Appeal against the finding.

(2) An appeal under this section may be—
 * (a) on any ground of appeal which involves a question of law alone; and
 * (b) with the leave of the Court of Appeal, on any ground which involves a question of fact alone, or a question of mixed law and fact, or on any other ground which appears to the Court of Appeal to be a sufficient ground of appeal;

but if the judge of the court of trial grants a certificate that the case is fit for appeal on a ground which involves a question of fact, or a question of mixed law and fact, an appeal lies under this section without the leave of the Court of Appeal.

16.—(1) The Court of Appeal shall allow an appeal under section 15 of this Act if they are of opinion—
 * (a) that the finding of the jury should be set aside on the ground that under all the circumstances of the case it is unsafe or unsatisfactory; or