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Change 1
As published
135 Interpretation: mentally disordered offenders
(1) In this Part, a reference to a conviction includes a reference to a finding of a court in summary proceedings, where the court makes an order under an enactment within subsection (2), that the accused did the act charged; and similar references are to be interpreted accordingly.
(2) The enactments are—
(a) section 37(3) of the Mental Health Act 1983 (c. 20);
(b) section 58(3) of the Criminal Procedure (Scotland) Act 1995 (c. 46);
(c) Article 44(4) of the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4)).
(2A) In the application of this Part in relation to Scotland, a reference to a person being found not guilty of an offence by reason of insanity is to be read as a reference to a person being acquitted of an offence by reason of the special defence set out in section 51A of the Criminal Procedure (Scotland) Act 1995.
(3) In this Part, a reference to a person being or having been found to be under a disability and to have done the act charged against him in respect of an offence includes a reference to his being or having been found—
(a) unfit to be tried for the offence;
(b) to be insane so that his trial for the offence cannot or could not proceed; or
(c) unfit to be tried and to have done the act charged against him in respect of the offence.
(4) In section 133—
(a) a reference to admission or detention under Schedule 1 to the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c. 25), and the reference to a direction under paragraph 2(1)(b) of that Schedule, include respectively—
(i) a reference to admission or detention under Schedule 1 to the Criminal Procedure (Insanity) Act 1964 (c. 84); and
(ii) a reference to a restriction order treated as made by paragraph 2(1) of that Schedule;
(b) a reference to admission or detention under any provision of Part 6 of the Criminal Procedure (Scotland) Act 1995, and the reference to an order under section 57(2)(b) or 59 of that Act, include respectively—
(i) a reference to admission or detention under section 174(3) or 376(2) of the Criminal Procedure (Scotland) Act 1975 (c. 21); and
(ii) a reference to a restriction order made under section 178(1) or 379(1) of that Act;
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Your change, as a redline
135 Interpretation: mentally disordered offenders
(1) In this Part, a reference to a conviction includes a reference to a finding of a court in summary proceedings, where the court makes an order under an enactment within subsection (2), that the accused did the act charged; and similar references are to be interpreted accordingly.
(2) The enactments are—
(a) section 37(3) of the Mental Health Act 1983 (c. 20);
(b) section 58(3) of the Criminal Procedure (Scotland) Act 1995 (c. 46);
(c) Article 44(4) of the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4)).
(2A) In the application of this Part in relation to Scotland, a reference to a person being found not guilty of an offence by reason of insanity is to be read as a reference to a person being acquitted of an offence by reason of the special defence set out in section 51A of the Criminal Procedure (Scotland) Act 1995.
(3) In this Part, a reference to a person being or having been found to be under a disability and to have done the act charged against him in respect of an offence includes a reference to his being or having been found—
(a) unfit to be tried for the offence;
(b) to be insane so that his trial for the offence cannot or could not proceed; or
(c) unfit to be tried and to have done the act charged against him in respect of the offence.
(4) In section 133—
(a) a reference to admission or detention under Schedule 1 to the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c. 25), and the reference to a direction under paragraph 2(1)(b) of that Schedule, include respectively—
(i) a reference to admission or detention under Schedule 1 to the Criminal Procedure (Insanity) Act 1964 (c. 84); and
(ii) a reference to a restriction order treated as made by paragraph 2(1) of that Schedule;
(b) a reference to admission or detention under any provision of Part 6 of the Criminal Procedure (Scotland) Act 1995, and the reference to an order under section 57(2)(b) or 59 of that Act, include respectively—
(i) a reference to admission or detention under section 174(3) or 376(2) of the Criminal Procedure (Scotland) Act 1975 (c. 21); and
(ii) a reference to a restriction order made under section 178(1) or 379(1) of that Act;
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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