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Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c. 25)

Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 1991 CHAPTER 25 An Act to amend the law relating to the special verdict and unfitness to plead; to increase the powers of courts in the event of defendants being found to be insane or unfit to plead; and to provide for a trial of the facts in the cases of defendants found to be unfit to plead. [27th June 1991] Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Legislation

Table of Content

1. Acquittals on grounds of insanity. E+W

None. Finding of unfitness to plead.

4. Finding that the accused did the act or made the omission charged against him.

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

4. Substitution of findings of unfitness to plead etc.

14. Substitution of verdict of acquittal.

5. Orders under 1964 and 1968 Acts. E+W

6. Interpretation etc. E+W

7. Minor and consequential amendments. E+W

8. Transitional provisions, savings and repeals. E+W

9. Short title, commencement and extent. E+W

1. Acquittals on grounds of insanity. E+W

None. Finding of unfitness to plead.

4. Finding that the accused did the act or made the omission charged against him.

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

4. Substitution of findings of unfitness to plead etc.

14. Substitution of verdict of acquittal.

5. Orders under 1964 and 1968 Acts. E+W

6. Interpretation etc. E+W

7. Minor and consequential amendments. E+W

8. Transitional provisions, savings and repeals. E+W

9. Short title, commencement and extent. E+W

Section 1

1. Acquittals on grounds of insanity. E+W

(1) A jury shall not return a special verdict under section 2 of the M1 Trial of Lunatics Act 1883 (acquittal on ground of insanity) except on the written or oral evidence of two or more registered medical practitioners at least one of whom is duly approved. (2) Subsections (2) and (3) of section 54 of the M2 Mental Health Act 1983 (“ the 1983 Act ”) shall have effect with respect to proof of the accused’s mental condition for the purposes of the said section 2 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. Commencement Information I1 S. 1 wholly in force at 1.1.1992 see s. 9(2) and S.I. 1991/2488 , art. 2 . Marginal Citations M1 1883 c. 38 . M2 1983 c. 20 .

Section 2

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

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Textual Amendments F1 S. 3 repealed (31.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28) , s. 60 , Sch. 11 ; S.I. 2005/579 , art. 3(i)