Criminal Law (Insanity) Act 2006
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Appeals (fitness to be tried). |
7.— (1) An appeal shall lie to the Circuit Court from a determination by the District Court, pursuant to section 4 (3), that an accused person is unfit to be tried. | |
(2) On an appeal from a determination referred to in subsection (1), the Circuit Court shall, if it allows the appeal, order that the appellant be tried or retried, as the case may be, by the District Court for the offence alleged, but if the District Court, pursuant to section 4 (7), postponed consideration of the question as to the accused’s fitness to be tried and the Circuit Court is of opinion that the appellant ought to have been found not guilty before the question as to fitness to be tried was considered, the court shall order that the appellant be acquitted. | ||
(3) An appeal shall lie to the Court of Criminal Appeal from a determination by the Central Criminal Court, the Circuit Court or the Special Criminal Court that an accused person is unfit to be tried, and if the Court of Criminal Appeal allows the appeal it shall order that the appellant be tried or retried as the case may be for the offence alleged but if the court concerned, pursuant to section 4 (7), postponed consideration of the question as to the accused’s fitness to be tried and the Court of Criminal Appeal is of opinion that the appellant ought to have been found not guilty before the question as to fitness to be tried was considered, the court shall order that the appellant be acquitted. | ||
(4) Where an order is made pursuant to subsection (2) or (3) directing the accused be tried or retried, as the case may be, for the offence alleged, the accused may be tried or retried for an offence other than the offence alleged in respect of which he or she was found unfit to be tried being an offence of which he or she might be found guilty on a charge for the offence alleged. | ||
(5) No appeal shall lie to the Supreme Court from a determination by a court that an accused person is unfit to be tried. |