Defence Act 1954

203

F254 [ Mental disorder at time of commission of offence.

203. (1) Where at the trial by court-martial of a person charged with an offence, F255 [ the summary court-martial, or in the case of a general court-martial or limited court-martial, the court-martial board, finds ] that the person did the act or made the omission charged but, having heard evidence relating to his mental condition given by a consultant psychiatrist, finds that he was at the time when he did the act or made the omission suffering from a mental disorder and that the mental disorder was such that he should not be held responsible for the act or omission alleged by reason of the fact that

( a ) he did not know the nature and quality of the act he was doing, or

( b ) he did not know what he was doing was wrong, or

( c ) he was unable to refrain from committing the act or making the omission,

F256 [ the summary court-martial, or in the case of a general court-martial or limited court-martial, the court-martial board, shall specially find ] that the person is not guilty by reason of insanity.

F257 [ (2) If the military judge presiding at the court-martial having considered any evidence adduced before the court-martial is satisfied that the person found not guilty by reason of insanity is suffering from a mental disorder (within the meaning of the Mental Health Act 2001 ) and is in need of in-patient care or treatment in a designated centre the military judge shall, after consultation with the clinical director of the designated centre concerned, commit him to a specified designated centre until an order is made under section 13 F258 [ or 13A ] of the Criminal Law (Insanity) Act 2006 . ]

F259 [ (2A) In this section clinical director shall have the same meaning as in section 1 of the Criminal Law (Insanity) Act 2006 . ]

(3) F260 [ ] ]

Annotations:

Amendments:

F254

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

F255

Substituted (1.09.2008) by Defence (Amendment) Act 2007 (24/2007), s. 51(a)(i), S.I. No. 254 of 2008.

F256

Substituted (1.09.2008) by Defence (Amendment) Act 2007 (24/2007), s. 51(a)(ii), S.I. No. 254 of 2008.

F257

Substituted (1.09.2008) by Defence (Amendment) Act 2007 (24/2007), s. 51(b), S.I. No. 254 of 2008.

F258

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

F259

Inserted (1.09.2008) by Defence (Amendment) Act 2007 (24/2007), s. 51(c), S.I. No. 254 of 2008.

F260

Deleted (1.09.2008) by Defence (Amendment) Act 2007 (24/2007), s. 51(d), S.I. No. 254 of 2008.

Editorial Notes:

E61

Provision for appeal made by Courts-Martial Appeals Act 1983 (19/1983), s. 19B(1)(b) and (3), as inserted (1.09.2008) by Defence (Amendment) Act 2007 (24/2007), s. 11 and sch. 4, pt. 1, S.I. No. 254 of 2008.

E62

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.

E63

Previous affecting provision: section amended (29.06.1983) by Courts-Martial Appeals Act 1983 (19/1983), s. 6, commenced on enactment; substituted as per F-note above.