Defence (Amendment) Act 2007

Amendment of section 203 of Principal Act (mental disorder at time of commission of offence).

51.— Section 203 of the Principal Act is amended—

(a) in subsection (1)—

(i) by substituting “the summary court-martial, or in the case of a general court-martial or limited court-martial, the court-martial board, finds” for “the court-martial finds”, and

(ii) by substituting “the summary court-martial, or in the case of a general court-martial or limited court-martial, the court-martial board, shall specially find” for “the court-martial shall specially find”,

(b) by substituting the following for subsection (2):

“(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 of the Criminal Law (Insanity) Act 2006 .”,

(c) by inserting the following after subsection (2):

“(2A) In this section ‘clinical director’ shall have the same meaning as in section 1 of the Criminal Law (Insanity) Act 2006 .”,

and

(d) by deleting subsection (3).