MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 56 Procedure in relation to findings of insanity.

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MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 56

Procedure in relation to findings of insanity.

56.(1) Where

(a)a jury empanelled for the purpose find that a person charged on
indictment... with the commission of an offence is [unfit to plead]; or

(b)in the course of the trial of any person charged as aforesaid, the jury
find that he is [unfit to be tried];

(2) Where upon the trial on indictment... of any person charged with the
commission of an offence

(a)evidence is given that the person charged was insane at the time the
offence was committed; and

(b)the jury find that although the person charged did the act or made the
omission charged, he was insane,... at that time;

(3) Where a court has directed that a finding be recorded in pursuance of
sub-section (1) or sub-section (2) the court shall order that the person to
whom the finding relates shall be admitted to hospital.

(4) An order under sub-section (3) shall have the like effect as a hospital
order together with an order restricting the person's discharge, made without
limitation of time, [but (without prejudice to any power exercisable by the
Court of Appeal under sections 12 and 13 of the Criminal Appeal (Northern
Ireland) Act 1980) an appeal] shall not be brought under section fifty-five
against any order made under sub-section (3).

Subs.(5) rep. by 1968 c.21 s.54 sch.5

(6) Where the Minister is notified by the responsible medical officer that a
person detained in a hospital by virtue of an order under this section made in
pursuance of a finding recorded under sub-section (1) no longer requires
treatment for mental disorder, the Minister may remit that person to prison
for trial [by the Crown Court at] the place where, but for the order, he would
have been tried, and on his arrival at the prison the order under this section
shall cease to have effect.

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Northern Irish Legislation

MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 56