Courts-Martial Appeals Act 1983

Amendment of section 203 of Act of 1954.

6

6.Section 203 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 further order of 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 such person 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

203.—(1) Where at the trial by court-martial of a person charged with an offence it appears that such person did the act or made the omission charged, but was insane at the time when he did the said act or made the said omission, the following provisions shall have effect, that is to say:—

(a) the court-martial shall find specially that the accused was guilty of the act or omission charged but was insane at the time he did the act or made the omission;

(b) the court-martial shall order that such person be kept in custody in an institution suitable for the detention of such person until further order of 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 such person had been tried before him.

(2) A finding under this section shall not require confirmation or be subject to revision.