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). |