Paragraph 10
United Kingdom
Without prejudice to paragraph 5(b) above, criminal proceedings against a person cease to be active—
if the accused is found to be under a disability such as to render him unfit to be tried or unfit to plead or, in Scotland, is found to be insane in bar of trial; or
if a hospital order is made in his case under F1section 51(5) of the Mental Health Act 1983 or F2Article 57(5) of the Mental Health (Northern Ireland) Order 1986 or, in Scotland, where F3an assessment order or a treatment order ceases to have effect by virtue of sections 52H or 52R respectively of the Criminal Procedure (Scotland) Act 1995,
but become active again if they are later resumed.
Annotations
Textual amendments
- F1
Words substituted by Mental Health Act 1983 (c. 20), Sch. 4 para. 57(c)
- F2
Words substituted by S.I. 1986/595 (N.I. 4), art. 136(1), Sch. 5 Pt. II
- F3
Words in Sch. 1 para. 10(b) substituted (S.) (27.9.2005) by The Mental Health (Care and Treatment) (Scotland) Act 2003 (Modification of Enactments) Order 2005 (S.S.I. 2005/465), Sch. 1 para. 11(2)