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Changes to legislation: There are currently no known outstanding effects for the Criminal Procedure (Insanity) Act 1964. (See end of Document for details)
Criminal Procedure (Insanity) Act 1964
1964 CHAPTER 84
An Act to amend the form of the special verdict required by section 2 of the Trial of
Lunatics Act 1883 and the procedure for determining whether an accused person is
under a disability such as to constitute a bar to his being tried; to provide for an appeal
against such a special verdict or a finding that the accused is under such a disability; to
confer on the court of trial and the Court of Criminal Appeal further powers of making
orders for admission to hospital; to empower the prosecution to put forward evidence
of insanity or diminished responsibility; and for purposes connected with the matters
aforesaid. [31st July 1964]
Extent Information E1 For extent of this Act see s. 8(4) Commencement Information I1 Act wholly in force at 31.8.1964 see s. 8(3). 1 Acquittal on grounds of insanity. The special verdict required by section 2 of the M1 Trial of Lunatics Act 1883 (hereinafter referred to as a “special verdict”) shall be that the accused is not guilty by reason of insanity; and accordingly in subsection (1) of that section for the words from “a special verdict” to the end there shall be substituted the words “a special verdict that the accused is not guilty by reason of insanity”. Marginal Citations M1 1883 c. 38. 2, 3................................. F
Document Generated: 2021-05- Changes to legislation: There are currently no known outstanding effects for the Criminal Procedure (Insanity) Act 1964. (See end of Document for details) Textual Amendments F1 Ss. 2, 3, 4(6) repealed by Criminal Appeal Act 1968 (c. 19), Sch. 7 [ 4 F2^ Finding of unfitness to plead. (1) This section applies where on the trial of a person the question arises (at the instance of the defence or otherwise) whether the accused is under a disability, that is to say, under any disability such that apart from this Act it would constitute a bar to his being tried. (2) If, having regard to the nature of the supposed disability, the court are of opinion that it is expedient to do so and in the interests of the accused, they may postpone consideration of the question of fitness to be tried until any time up to the opening of the case for the defence. (3) If, before the question of fitness to be tried falls to be determined, the jury return a verdict of acquittal on the count or each of the counts on which the accused is being tried, that question shall not be determined. (4) Subject to subsections (2) and (3) above, the question of fitness to be tried shall be determined as soon as it arises. (5) The question of fitness to be tried shall be determined [F3 by the court without a jury ]. (6) [F4 The court ] shall not make a determination under subsection (5) above except on the written or oral evidence of two or more registered medical practitioners at least one of whom is duly approved. ] Textual Amendments F2 Ss. 4 and 4A substituted (01.01.1992) for s. 4 by Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c. 25, SIF 39:1), ss.2 , 8 ; S.I. 1991/2488, art.. F3 Words in s. 4(5) substituted (31.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 22(2) , 60 (with Sch. 12 para. 8); S.I. 2005/579, art. 3(b) F4 Words in s. 4(6) substituted (31.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 22(3) , 60 (with Sch. 12 para. 8); S.I. 2005/579, art. 3(b) 4A Finding that the accused did the act or made the omission charged against him. (1) This section applies where in accordance with section 4(5) above it is determined by a [F5 court ] 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.
Document Generated: 2021-05- Changes to legislation: There are currently no known outstanding effects for the Criminal Procedure (Insanity) Act 1964. (See end of Document for details) Textual Amendments F7 Ss. 5, 5A substituted (31.3.2005) for s. 5 by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 24(1) , 60 (with Sch. 12 para. 8); S.I. 2005/579, art. 3(b) F8 S. 5(3A) inserted (1.12.2020 immediately before the consolidation date (see 2020 c. 9, ss. 3, 5(2)(3) and 2020 c. 17, ss. 2, 416)) by Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9), s. 5(2)(3), Sch. 2 para. 114(2) ; S.I. 2012/1236, reg. 2 5A Orders made under or by virtue of section 5 (1) In relation to the making of an order by virtue of subsection (2)(a) of section 5 above, section 37 (hospital orders etc ) of the Mental Health Act 1983 (“ the 1983 Act ”) shall have effect as if— (a) the reference in subsection (1) to a person being convicted before the Crown Court included a reference to the case where section 5 above applies; (b) the words after “punishable with imprisonment” and before “or is convicted” were omitted; and (c) for subsections (4) and (5) there were substituted— “(4) Where an order is made under this section requiring a person to be admitted to a hospital (“a hospital order”), it shall be the duty of the managers of the hospital specified in the order to admit him in accordance with it.” (2) In relation to a case where section 5 above applies but the court have not yet made one of the disposals mentioned in subsection (2) of that section— (a) section 35 of the 1983 Act (remand to hospital for report on accused’s mental condition) shall have effect with the omission of the words after paragraph (b) in subsection (3); (b) section 36 of that Act (remand of accused person to hospital for treatment) shall have effect with the omission of the words “(other than an offence the sentence for which is fixed by law)” in subsection (2); (c) references in sections 35 and 36 of that Act to an accused person shall be construed as including a person in whose case this subsection applies; and (d) section 38 of that Act (interim hospital orders) shall have effect as if— (i) the reference in subsection (1) to a person being convicted before the Crown Court included a reference to the case where section 5 above applies; and (ii) the words “(other than an offence the sentence for which is fixed by law)” in that subsection were omitted. (3) In relation to the making of any order under the 1983 Act by virtue of this Act, references in the 1983 Act to an offender shall be construed as including references to a person in whose case section 5 above applies, and references to an offence shall be construed accordingly. (4) Where— (a) a person is detained in pursuance of a hospital order which the court had power to make by virtue of section 5(1)(b) above, and (b) the court also made a restriction order, and that order has not ceased to have effect,
Document Generated: 2021-05- 5 Changes to legislation: There are currently no known outstanding effects for the Criminal Procedure (Insanity) Act 1964. (See end of Document for details) the Secretary of State, if satisfied after consultation with [F9 the responsible clinician ] that the person can properly be tried, may remit the person for trial, either to the court of trial or to a prison. On the person’s arrival at the court or prison, the hospital order and the restriction order shall cease to have effect. (5) Schedule 1A to this Act (supervision orders) has effect with respect to the making of supervision orders under subsection (2)(b) of section 5 above, and with respect to the revocation and amendment of such orders. F10 (6)................................ ] Textual Amendments F7 Ss. 5, 5A substituted (31.3.2005) for s. 5 by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 24(1) , 60 (with Sch. 12 para. 8); S.I. 2005/579, art. 3(b) F9 Words in s. 5A(4) substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 15(4) , 56(1); S.I. 2008/1900, art. 2(b) (with art. 3Sch.) F10 S. 5A(6) omitted (1.12.2020 immediately before the consolidation date (see 2020 c. 9, ss. 3, 5(2)(3) and 2020 c. 17, ss. 2, 416)) by virtue of Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9), s. 5(2)(3), Sch. 2 para. 114(3) ; S.I. 2012/1236, reg. 2 Modifications etc. (not altering text) C1 (^) S. 5A applied by 1968 c. 19, s. 6(4) 14(4) (as substituted (31.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 24(3) , 60 (with Sch. 12 para. 8); S.I. 2005/579, art. 3(b)) 6 Evidence by prosecution of insanity or diminished responsibility. Where on a trial for murder the accused contends— (a) that at the time of the alleged offence he was insane so as not to be responsible according to law for his actions; or (b) that at that time he was suffering from such abnormality of [F11^ mental functioning ] as is specified in subsection (1) of section 2 of the M2 Homicide Act 1957 (diminished responsibility), the court shall allow the prosecution to adduce or elicit evidence tending to prove the other of those contentions, and may give directions as to the stage of the proceedings at which the prosecution may adduce such evidence. Textual Amendments F11 Words in s. 6(b) substituted (4.10.2010) by Coroners and Justice Act 2009 (c. 25), ss. 52(2) , 182(5) (with s. 180, Sch. 22 para. 7); S.I. 2010/816, art. 5(a) Marginal Citations M2 (^) 1957 c. 11. F12 7 Courts-martial.
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Document Generated: 2021-05- 7 Changes to legislation: There are currently no known outstanding effects for the Criminal Procedure (Insanity) Act 1964. (See end of Document for details) F16 Words in the definition of “registered medical practitioner” in s. 8(2) inserted by S.I. 2002/3135, art. 16(1), Sch. 1 Pt. I para. 5 (with transitional provisions in Sch. 2 ) (the amendment coming into force in accordance with art. 1(3) of the amending S.I. and see the Gazette (Issue 59163) dated 21.8.2009) F17 Words substituted by Mental Health Act 1983 (c. 20, SIF 85), Sch. 4 para. 18 ( a ) F18 Words in s. 8(2) repealed (1.1.1992) by Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c. 25, SIF 39:1), s. 8(3), Sch. 4 (with s. 8), S.I. 1992/2488, art. 2. F19 S. 8(2A) inserted (1.1.1992) by Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c. 25, SIF 39:1), s. 7, Sch. 3 para. 1(2) , S.I. 1991/2488, art. 2. F20 Words in s. 8(3) repealed (31.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), s. 60 , Sch. 11 ; S.I. 2005/579, art. 3(i) F21 Words in s. 8(4) repealed (31.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), s. 60 , Sch. 11 ; S.I. 2005/579, art. 3(i) F22 S. 8(5) repealed by Statute Law (Repeals) Act 1974 (c. 22), Sch. Pt. XI
SCHEDULE 1 Document Generated: 2021-05- Changes to legislation: There are currently no known outstanding effects for the Criminal Procedure (Insanity) Act 1964. (See end of Document for details) S C H E D U L E S F23 SCHEDULE 1 Textual Amendments F23 (^) Sch. 1 repealed (01.01.1992) by Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c. 25, SIF 39:1), s. 8(3), Sch. 4 (with s. 8), S.I. 1991/2488, art. 2. F24[ Effect of Orders for Admission to Hospital ] Textual Amendments F24 Sch. 1 repealed (01.01.1992) by Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c. 25, SIF 39:1), s. 8(3), Sch.4 (with s. 8); S.I. 1991/2488, art. F25 1................................ Textual Amendments F25 Sch. 1 para. 1 repealed (01.01.1992) by Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c. 25, SIF 39:1), s. 8(3), Sch.4 (with s. 8), S.I. 1991/2488, art.. F26 2................................ Textual Amendments F26 Sch. 1 para. 2 repealed (01.01.1992) by Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c. 25, SIF 39:1), s. 8(3), Sch.4 (with s. 8), S.I. 1991/2488, art.. [F27 SCHEDULE 1A Section 5A SUPERVISION ORDERS Textual Amendments F27 Sch. 1A inserted (31.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), s. 60, Sch. 2 (with Sch. 12 paras. 8, 9 ); S.I. 2005/579, art. 3(b)
SCHEDULE 1A – Supervision orders Document Generated: 2021-05- Changes to legislation: There are currently no known outstanding effects for the Criminal Procedure (Insanity) Act 1964. (See end of Document for details) (a) specify the local social services authority area in which the supervised person resides or will reside, and require him to be under the supervision of a social worker of the local social services authority for that area; or (b) specify the local justice area in which that person resides or will reside, and require him to be under the supervision of an officer of a local probation board appointed for or assigned to that area [F30 , or (as the case may be) an officer of a provider of probation services acting in that area ]. (2) Before making such an order, the court shall explain to the supervised person in ordinary language— (a) the effect of the order (including any requirements proposed to be included in the order in accordance with paragraph 4, 5 or 8 below); and (b) that a magistrates' court has power under paragraphs 9 to 11 below to review the order on the application either of the supervised person or of the supervising officer. (3) After making such an order, the court shall forthwith give copies of the order to an officer of a local probation board assigned to the court [F31 or an officer of a provider of probation services acting at the court ] , and he shall give a copy— (a) to the supervised person; and (b) to the supervising officer. (4) After making such an order, the court shall also send to the designated officer for the local justice area in which the supervised person resides or will reside (“the local justice area concerned”)— (a) a copy of the order; and (b) such documents and information relating to the case as it considers likely to be of assistance to a court acting for that area in the exercise of its functions in relation to the order. (5) Where such an order is made, the supervised person shall keep in touch with the supervising officer in accordance with such instructions as he may from time to time be given by that officer and shall notify him of any change of address. Textual Amendments F30 Words in Sch. 1A para. 3(1)(b) inserted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 1, Sch. 1 para. 2(2)(b)(i) F31 Words in Sch. 1A para. 3(3) inserted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 1, Sch. 1 para. 2(2)(b)(ii) Requirements as to medical treatment 4 (1) A supervision order may, if the court is satisfied as mentioned in sub-paragraph (2) below, include a requirement that the supervised person shall submit, during the whole of the period specified in the order or during such part of that period as may be so specified, to treatment by or under the direction of a registered medical practitioner with a view to the improvement of his mental condition. (2) The court may impose such a requirement only if satisfied on the written or oral evidence of two or more registered medical practitioners, at least one of whom is duly registered, that the mental condition of the supervised person—
SCHEDULE 1A – Supervision orders Document Generated: 2021-05- 11 Changes to legislation: There are currently no known outstanding effects for the Criminal Procedure (Insanity) Act 1964. (See end of Document for details) (a) is such as requires and may be susceptible to treatment; but (b) is not such as to warrant the making of a hospital order within the meaning of the Mental Health Act 1983. (3) The treatment required under this paragraph by any such order shall be such one of the following kinds of treatment as may be specified in the order, that is to say— (a) treatment as a non-resident patient at such institution or place as may be specified in the order; and (b) treatment by or under the direction of such registered medical practitioner as may be so specified; but the nature of the treatment shall not be specified in the order except as mentioned in paragraph (a) or (b) above. Requirements as to medical treatment 5 (1) This paragraph applies where the court is satisfied on the written or oral evidence of two or more registered medical practitioners that— (a) because of his medical condition, other than his mental condition, the supervised person is likely to pose a risk to himself or others; and (b) the condition may be susceptible to treatment. (2) The supervision order may (whether or not it includes a requirement under paragraph 4 above) include a requirement that the supervised person shall submit, during the whole of the period specified in the order or during such part of that period as may be so specified, to treatment by or under the direction of a registered medical practitioner with a view to the improvement of the condition. (3) The treatment required under this paragraph by any such order shall be such one of the following kinds of treatment as may be specified in the order, that is to say— (a) treatment as a non-resident patient at such institution or place as may be specified in the order; and (b) treatment by or under the direction of such registered medical practitioner as may be so specified; but the nature of the treatment shall not be specified in the order except as mentioned in paragraph (a) or (b) above. Requirements as to medical treatment 6 (1) Where the medical practitioner by whom or under whose direction the supervised person is being treated in pursuance of a requirement under paragraph 4 or 5 above is of the opinion that part of the treatment can be better or more conveniently given in or at an institution or place which— (a) is not specified in the order, and (b) is one in or at which the treatment of the supervised person will be given by or under the direction of a registered medical practitioner, he may, with the consent of the supervised person, make arrangements for him to be treated accordingly. (2) Such arrangements may provide for the supervised person to receive part of his treatment as a resident patient in an institution or place of any description. (3) Where any such arrangements are made for the treatment of a supervised person—
SCHEDULE 1A – Supervision orders Document Generated: 2021-05- 13 Changes to legislation: There are currently no known outstanding effects for the Criminal Procedure (Insanity) Act 1964. (See end of Document for details) supervised person continues to reside in the area specified in the order unless, in accordance with paragraph 11 below, it either— (a) cancels those requirements; or (b) substitutes for those requirements other requirements which can be complied with if the supervised person ceases to reside in that area. Amendment of requirements of order 11 (1) Without prejudice to the provisions of paragraph 10 above, but subject to sub- paragraph (2) below, a magistrates' court for the local justice area concerned may, on the application of the supervised person or the supervising officer, by order amend a supervision order— (a) by cancelling any of the requirements of the order; or (b) by inserting in the order (either in addition to or in substitution for any such requirement) any requirement which the court could include if it were the court by which the order was made and were then making it. (2) The power of a magistrates' court under sub-paragraph (1) above shall not include power to amend an order by extending the period specified in it beyond the end of two years from the day of the original order. Amendment of requirements in pursuance of medical report 12 (1) Where the medical practitioner by whom or under whose direction the supervised person is being treated for his mental condition in pursuance of any requirement of a supervision order— (a) is of the opinion mentioned in sub-paragraph (2) below, or (b) is for any reason unwilling to continue to treat or direct the treatment of the supervised person, he shall make a report in writing to that effect to the supervising officer and that officer shall apply under paragraph 11 above to a magistrates' court for the local justice area concerned for the variation or cancellation of the requirement. (2) The opinion referred to in sub-paragraph (1) above is— (a) that the treatment of the supervised person should be continued beyond the period specified in the supervision order; (b) that the supervised person needs different treatment, being treatment of a kind to which he could be required to submit in pursuance of such an order; (c) that the supervised person is not susceptible to treatment; or (d) that the supervised person does not require further treatment. Supplemental 13 (1) On the making under paragraph 9 above of an order revoking a supervision order, the designated officer for the local justice area concerned, or (as the case may be) the Crown Court, shall forthwith give copies of the revoking order to the supervising officer. (2) A supervising officer to whom in accordance with sub-paragraph (1) above copies of a revoking order are given shall give a copy to the supervised person and to the person in charge of any institution in which the supervised person is residing.
SCHEDULE 2 – ... Document Generated: 2021-05- Changes to legislation: There are currently no known outstanding effects for the Criminal Procedure (Insanity) Act 1964. (See end of Document for details) Supplemental 14 (1) On the making under paragraph 10 or 11 above of any order amending a supervision order, the designated officer for the local justice area concerned shall forthwith— (a) if the order amends the supervision order otherwise than by substituting a new area or a new place for the one specified in the supervision order, give copies of the amending order to the supervising officer; (b) if the order amends the supervision order in the manner excepted by paragraph (a) above, send to the designated officer for the new local justice area concerned— (i) copies of the amending order; and (ii) such documents and information relating to the case as he considers likely to be of assistance to a court acting for that area in exercising its functions in relation to the order; and in a case falling within paragraph (b) above, the designated officer for that area shall give copies of the amending order to the supervising officer. (2) Where the designated officer for the court making the order is also the designated officer for the new local justice area— (a) sub-paragraph (1)(b) above does not apply; but (b) the designated officers shall give copies of the amending order to the supervising officer. (3) Where in accordance with sub-paragraph (1) or (2) above copies of an order are given to the supervising officer, he shall give a copy to the supervised person and to the person in charge of any institution in which the supervised person is or was residing. ] SCHEDULE 2 Section 7.
................................ Textual Amendments F32 Sch. 2 repealed (31.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), s. 60, Sch. 11 ; S.I. 2005/579, art. 3(i)
