Page:Criminal Procedure (Insanity) Act 1964 (UKPGA 1964-84 qp).pdf/16

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Section 13A to be inserted in Courts-Martial (Appeals) Act 1951

13A.—(1) A person found by a court-martial to be unfit to stand his trial, or to be not guilty of an offence by reason of insanity, may, with the leave of the Court, appeal to the Court against the finding; and (subject to the provisions of this section) in relation to any such appeal this Part of this Act, except section 6(1) to (4), shall apply as it applies in relation to an appeal by a person convicted against his conviction (with the necessary adaptations of references to a person convicted or to a conviction).

(2) Where apart from this subsection―
 * (a) an appeal against a finding of not guilty by reason of insanity would fall to be allowed; and
 * (b) none of the grounds for allowing it relates to the question of the insanity of the appellant;

the Court may dismiss the appeal if of opinion that but for the insanity of the appellant the proper finding would have been that he was guilty of an offence other than the offence charged.

(3) Where an appeal against a finding of not guilty by reason of insanity is allowed, section 5(2) of this Act shall not apply, but―
 * (a) if the ground, or one of the grounds, for allowing the appeal is that the finding as to the appellant’s insanity ought not to stand and the Court are of opinion that the proper finding