Criminal Law (Insanity) Act 2006

Appeals (supplemental provisions).

9.— (1) An appeal against a decision by the court of trial (but not a decision by an appellate court), to make or not to make an order of committal under section 4 (3)(b), 4 (5)(c), 4 (6)(a), 5 (2) or 5 (3) shall lie at the instance of the defence or the prosecution to the Circuit Court or the Court of Criminal Appeal, as may be appropriate, and the court hearing the appeal may, having considered the evidence or any new evidence relating to the mental condition of the accused given by a consultant psychiatrist, make such order, being an order that it was open to the court of trial to make, as it considers appropriate and, without prejudice to the provisions of section 13 relating to the review of orders of committal, no further appeal shall lie from an order made on an appeal under this section.

(2) Where the Circuit Court or the Court of Criminal Appeal allows an appeal against a conviction or against a verdict of not guilty by reason of insanity on the ground that the appellant ought to have been found unfit to be tried, or allows an appeal against a conviction on the ground that the appellant ought to have been found not guilty by reason of insanity, it shall have the same powers to deal with the appellant as the court of trial would have had under section 4 or section 5 if it had come to the same conclusion.

(3) All ancillary and procedural provisions contained in a statute or an instrument made under statute relating to appeals against convictions, including provisions relating to leave to appeal, shall apply with the necessary modifications to appeals under sections 7 , 8 and 9 (1).

(4) The powers of an appellate court in an appeal under section 7 , 8 or 9 (1) shall include the power to make any such order as may be necessary for the purpose of doing justice in accordance with the provisions of this Act.