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CPIA 1964 s4A

INSANITY LEGISLATION
Law as at 1/5/09

Contents

1, 2, 3, 4, 5, 6, 7, 8, 9

Schedules: 1, 2, 3, 4

Statute Law Database

Current law

Finding that the accused did the act or made the omission charged against him.

[4A.— (1) This section applies where in accordance with section 4(5) above it is determined by a [court][1] that the accused is under a disability.

(2) The trial shall not proceed or further proceed but it shall be determined by a jury—

(a) on the evidence (if any) already given in the trial; and
(b) on such evidence as may be adduced or further adduced by the prosecution, or adduced by a person appointed by the court under this section to put the case for the defence,

whether they are satisfied, as respects the count or each of the counts on which the accused was to be or was being tried, that he did the act or made the omission charged against him as the offence.

(3) If as respects that count or any of those counts the jury are satisfied as mentioned in subsection (2) above, they shall make a finding that the accused did the act or made the omission charged against him.

(4) If as respects that count or any of those counts the jury are not so satisfied, they shall return a verdict of acquittal as if on the count in question the trial had proceeded to a conclusion.

[(5) Where the question of disability was determined after arraignment of the accused, the determination under subsection (2) is to be made by the jury by whom he was being tried.][1]][2]

Amendments


Old law

Finding that the accused did the act or made the omission charged against him*

[4A.— (1) This section applies where in accordance with section 4(5) above it is determined by a jury that the accused is under a disability.

(2) The trial shall not proceed or further proceed but it shall be determined by a jury—

(a) on the evidence (if any) already given in the trial; and
(b) on such evidence as may be adduced or further adduced by the prosecution, or adduced by a person appointed by the court under this section to put the case for the defence,

whether they are satisfied, as respects the count or each of the counts on which the accused was to be or was being tried, that he did the act or made the omission charged against him as the offence.

(3) If as respects that count or any of those counts the jury are satisfied as mentioned in subsection (2) above, they shall make a finding that the accused did the act or made the omission charged against him.

(4) If as respects that count or any of those counts the jury are not so satisfied, they shall return a verdict of acquittal as if on the count in question the trial had proceeded to a conclusion.

(5) A determination under subsection (2) above shall be made—

(a) where the question of disability was determined on the arraignment of the accused, by a jury other than that which determined that question; and
(b) where that question was determined at any later time, by the jury by whom the accused was being tried.]

Amendments

This section was inserted by the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991

* This section reflects the law prior to the Domestic Violence Crime and Victims Act 2004