Courts-Martial Appeals Act 1983
Amendment of section 202 of Act of 1954.
5.—Section 202 of the Act of 1954 is hereby amended—
(a) by the substitution of the following paragraph for paragraphs (b) and (c) of subsection (1):
“(b) the court-martial shall order that such person be kept in custody in an institution suitable for the detention of such person until such time as he is fit to take his trial or until his release is sooner ordered by the Minister or the High Court, which court shall for that purpose have all the powers which a judge of the Central Criminal Court would have had if the case had been tried before him.”, and
(b) by the substitution of the following subsection for subsection (2):
“(2) A finding under this section shall not require confirmation or be subject to revision.”,
and that section, as so amended, is set out in the Table to this section.
TABLE
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 insanity unfit to take his trial, the following provisions shall have effect, that is to say:—
(a) the court-martial shall find specially that fact;
(b) the court-martial shall order that such person be kept in custody in an institution suitable for the detention of such person until such time as he is fit to take his trial or until his release is sooner ordered by the Minister or the High Court, which court shall for that purpose have all the powers which a judge of the Central Criminal Court would have had if the case had been tried before him.
(2) A finding under this section shall not require confirmation or be subject to revision.