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Section 6: Substitution of finding of insanity or findings of unfitness to plead etc.

Criminal Appeal Act 1968 · 1968 c. 19View on legislation.gov.uk

Part I: Appeal to Court of Appeal in Criminal Cases

This section applies where, on an appeal against conviction, the Court of Appeal, on the written or oral evidence of two or more registered medical practitioners at least one of whom is duly approved, are of opinion—

that the proper verdict would have been one of not guilty by reason of insanity; or
that the case is not one where there should have been a verdict of acquittal, but there should have been findings that the accused was under a disability and that he did the act or made the omission charged against him.

The Court of Appeal shall make in respect of the accused—

a hospital order (with or without a restriction order);
a supervision order; or
an order for his absolute discharge.

Where—

the offence to which the appeal relates is an offence the sentence for which is fixed by law, and
the court have power to make a hospital order,

the court shall make a hospital order with a restriction order (whether or not they would have power to make a restriction order apart from this subsection).

Section 5A of the Criminal Procedure (Insanity) Act 1964 ("the 1964 Act") applies in relation to this section as it applies in relation to section 5 of that Act.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Where the Court of Appeal make a supervision order by virtue of this section, any power of revoking or amending it shall be exercisable as if the order had been made by the court below.

About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.