Defence Act 1954

202

F244 [ Mental disorder at time of trial.

202. (1) Where at the trial by court-martial of a person charged with an offence it appears that such person is by reason of mental disorder unfit to take his trial the following provisions, subject to subsection (4), shall have effect, that is to say:

( a ) F245 [ the military judge presiding at the court-martial ] shall find specially that fact,

( b ) F246 [ the military judge, if he is ] satisfied having heard evidence relating to the mental condition of the person given by a consultant psychiatrist that such person is suffering from a mental disorder (within the meaning of F247 [ the Mental Health Act 2001 ] ) and is in need of in-patient care or treatment in a designated centre, shall commit him to a specified designated centre until an order is made under section 13 F248 [ or 13A ] of the Criminal Law (Insanity) Act 2006.

F249 [ (1A) In the case of a general court-martial or limited court-martial, the question of whether a person charged with an offence is fit to be tried shall be determined, and the finding shall be made, by the military judge sitting alone. ]

(2) F250 [ ]

(3) A person charged with an offence shall not be fit to take his trial if he is unable by reason of mental disorder to understand the nature or course of the proceedings so as to

( a ) plead to the charge,

( b ) instruct a legal representative,

F251 [ ( bb ) in the case of a general court-martial or limited court-martial, object to a member of the court-martial board to whom he might wish to object, ]

( c ) make a proper defence, or

( d ) understand the evidence.

F252 [ (4) After the military judge presiding at a court-martial has found that a person charged with an offence is unfit to take his trial, the military judge may on application to him and without prejudice to any further proceedings allow evidence to be adduced before the court-martial as to whether or not that person did the act or made the omission alleged against him and if the summary court-martial or, in the case of a general court-martial or limited court-martial, the court-martial board, is satisfied that there is a reasonable doubt that the person committed that act or made the omission, the summary court-martial or the court-martial board, as the case may be, shall acquit him. ]

(5) In this section and in section 203 of this Act mental disorder and designated centre shall have the meanings respectively assigned to them by section 1 of the Criminal Law (Insanity) Act 2006 , unless the context otherwise requires. ]

F253 [ (5) In this section and in section 203 consultant psychiatrist has the same meaning as in the Mental Health Act 2001 . ]

Annotations:

Amendments:

F244

Substituted (1.06.2006) by Criminal Law (Insanity) Act 2006 (11/2006), s. 21, S.I. No. 273 of 2006.

F245

Substituted (1.09.2008) by Defence (Amendment) Act 2007 (24/2007), s. 50(a), S.I. No. 254 of 2008.

F246

Substituted (1.09.2008) by Defence (Amendment) Act 2007 (24/2007), s. 50(a), S.I. No. 254 of 2008.

F247

Substituted (1.09.2008) by Defence (Amendment) Act 2007 (24/2007), s. 50(a), S.I. No. 254 of 2008.

F248

Inserted (8.02.2011) by Criminal Law (Insanity) Act 2010 (40/2010), s. 10(a), S.I. No. 50 of 2011.

F249

Inserted (1.09.2008) by Defence (Amendment) Act 2007 (24/2007), s. 50(b), S.I. No. 254 of 2008.

F250

Deleted (1.09.2008) by Defence (Amendment) Act 2007 (24/2007), s. 50(c), S.I. No. 254 of 2008.

F251

Inserted (1.09.2008) by Defence (Amendment) Act 2007 (24/2007), s. 50(d), S.I. No. 254 of 2008.

F252

Substituted (1.09.2008) by Defence (Amendment) Act 2007 (24/2007), s. 50(e), S.I. No. 254 of 2008.

F253

Inserted (1.09.2008) by Defence (Amendment) Act 2007 (24/2007), s. 50(f), S.I. No. 254 of 2008.

Editorial Notes:

E57

Defence (Amendment) Act 2007 (24/2007), s. 50(f) (1.09.2008) inserts a second subs. (5), see F-note above.

E58

E58

Provision for review of detention under section made (1.06.2006) by Criminal Law Insanity Act 2006 (11/2006), s. 13, S.I. No. 273 of 2006, as amended.

E60

Previous affecting provision: section amended (29.06.1983) by Courts-Martial Appeals Act 1983 (19/1983), s. 5, commenced on enactment; substituted as per F-note above.