Defence (Amendment) Act 2007

Insertion of new sections: appeals to Courts-Martial Appeal Court.

52.— The following sections are inserted after section 203A (inserted by the Criminal Law (Insanity) Act 2006 ) of the Principal Act:

“Appeals (mental disorder at time of trial).

203B.— (1) An appeal shall lie to the Courts-Martial Appeal Court (in this section and in sections 203C and 203D referred to as ‘the Court’) from a finding by a court-martial pursuant to section 202 that a person charged with an offence is unfit to take his trial.

(2) Where the Court makes an order pursuant to section 19A (inserted by the Defence (Amendment) Act 2007) of the Courts-Martial Appeals Act 1983 that the appellant be tried or retried, as the case may be, by court-martial for the offence alleged, the appellant may, subject to the directions of the Director, be tried or retried for an offence other than the offence alleged in respect of which he was found unfit to take his trial being an offence of which he might be found guilty on a charge for the offence alleged.

Appeals (not guilty by reason of insanity).

203C.— A person tried for an offence by court-martial and found not guilty by reason of insanity may appeal against the finding to the Court pursuant to section 19B (inserted by the Defence (Amendment) Act 2007) of the Courts-Martial Appeals Act 1983 .

Appeals (order of committal under section 202 or 203).

203D.— An appeal against a decision by a court-martial to make or not to make an order of committal under section 202(1)(b) or 203(2) shall lie at the instance of the person charged with the offence concerned or the Director to the Court pursuant to section 19C (inserted by the Defence (Amendment) Act 2007) of the Courts-Martial Appeals Act 1983 .”.