Defence Act 1954

203

F283[Mental disorder at time of commission of offence.

203. (1) Where at the trial by court-martial of a person charged with an offence, F284[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,

F285[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.

F286[(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 F287[or 13A] of the Criminal Law (Insanity) Act 2006.]

F288[(2A) In this section "clinical director" shall have the same meaning as in section 1 of the Criminal Law (Insanity) Act 2006.]

(3) F289[]]

Annotations

Amendments:

F283

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

F284

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

F285

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

F286

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

F287

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

F288

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

F289

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

Editorial Notes:

E65

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.

E66

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.

E67

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.