Criminal Law (Insanity) Act 2006

Appeals (not guilty by reason of insanity).

8.— (1) A person tried for an offence in the District Court and found not guilty by reason of insanity may appeal against the finding to the Circuit Court on any or all of the following grounds:

(a) that it was not proved that he or she had committed the act in question;

(b) that he or she was not, at the time when the act was committed, suffering from a mental disorder of the nature referred to in section 5 (1)(b);

(c) that the District Court ought to have made a determination in respect of the person that he or she was unfit to be tried.

(2) If on an appeal to the Circuit Court on the ground referred to in subsection (1)(a), the Court is satisfied that it was not established that the appellant had committed the act in question it shall order that the appellant be acquitted.

(3) If, on an appeal to the Circuit Court on the ground referred to in subsection (1)(b), the court is satisfied that the appellant committed the act alleged but having considered the evidence or any new evidence relating to the mental condition of the appellant given by a consultant psychiatrist is satisfied that he or she was not suffering from a mental disorder of the nature referred to in section 5 (1)(b), the court shall substitute a verdict of guilty of the offence charged or of any other offence of which it is satisfied that the person could (by virtue of the charge) and ought to have been convicted, and shall have the like powers of punishing or otherwise dealing with the person as the District Court would have had if the person had been convicted of the offence in respect of which the verdict of guilty has been so substituted.

(4) If, on appeal to the Circuit Court on the ground set out at subsection (1)(c), the court is satisfied that the appellant ought to have been found unfit to be tried it shall make a finding to that effect and, in that case the provisions of section 4 (5)(c) shall apply.

(5) If on appeal to the Circuit Court the court is satisfied, having considered the evidence or any new evidence relating to the mental condition of the appellant, that he or she was at the time that the offence alleged was committed suffering from a mental disorder of the nature referred to in section 5 (1)(b) and that but for that disorder the appellant would have been found guilty of the offence charged or of another offence of which the person could have been found guilty by virtue of the charge, the court shall dismiss the appeal.

(6) A person tried on indictment in the Circuit Court, the Central Criminal Court or the Special Criminal Court and found not guilty by reason of insanity may appeal against the finding to the Court of Criminal Appeal on one or more or all of the following grounds:

(a) that it was not proved that he or she had committed the act in question;

(b) that he or she was not, at the time when the act was committed, suffering from any mental disorder of the nature referred to in section 5 (1)(b);

(c) that the court ought to have made a determination in respect of this person that he or she was unfit to be tried.

(7) Subject to section 9 , if on an appeal to the Court of Criminal Appeal on the grounds referred to in subsection (6)(a) the court is satisfied that it was not proved that the appellant had committed the act in question it shall order that the appellant be acquitted.

(8) Subject to section 9 , if on an appeal to the Court of Criminal Appeal on the ground referred to in subsection (6)(b) the court is satisfied that the appellant committed the act alleged but, having considered the evidence or any new evidence relating to the mental condition of the accused given by a consultant psychiatrist, is satisfied that he or she was not suffering from any mental disorder of the nature referred to in section 5 (1)(b) the court shall substitute a verdict of guilty of the offence charged or, in the case of murder where section 6 (1)(c) applies, guilty of manslaughter on the grounds of diminished responsibility or of any other offence of which it is satisfied that the person could (by virtue of the charge) and ought to have been convicted, and shall have the like powers of punishing or otherwise dealing with the person as the trial court would have had if the person had been convicted of the offence in respect of which the verdict of guilty has been so substituted.

(9) If, on an appeal to the Court of Criminal Appeal, on the ground set out at subsection (6)(c), the court is satisfied that the appellant ought to have been found unfit to be tried it shall make a finding to that effect and, in that case the provisions of section 4 (5)(c) shall apply.

(10) If, on an appeal to the Court of Criminal Appeal, the court is satisfied that the appellant was at the time that the offence alleged was committed suffering from a mental disorder of the nature referred to in section 5 (1)(b) and that but for that disorder the appellant would have been found guilty of the offence charged or of another offence of which the person could have been found guilty by virtue of the charge, the court shall dismiss the appeal.