CRIMINAL CODE 1899 - SECT 647
Acquittal on ground of insanity
CRIMINAL CODE 1899 - SECT 647
Acquittal on ground of insanity
647 Acquittal on ground of insanity
(1) However, if, on the trial of a person charged with any indictable offence,
it is alleged or appears that the person was not of sound mind at the time
when the act or omission alleged to constitute the offence occurred, the jury
are to be required to find specially, if they find that the person is not
guilty, whether the person was of unsound mind at the time when such act or
omission took place, and to say whether the person is acquitted by them on
account of such unsoundness of mind; and if they find that the person was of
unsound mind at the time when such act or omission took place, and say that
the person is acquitted by them on account of such unsoundness of mind, the
court is required to order the person to be admitted to an authorised mental
health service to be dealt with under the Mental Health Act 2016.
(2) In any
such case the Governor, in the name of Her Majesty, may give such order for
the safe custody of such person during the Governor’s pleasure, in such
place of confinement, and in such manner, as the Governor in Council may think
fit.
