Section 15 Right of appeal against finding of disability.

England and Wales

(1)

Where there has been a determination under section 4 of the M1Criminal Procedure (Insanity) Act 1964 of the question of a person’s fitness to be tried, and F1there have been F2findings that he is under a disability and that he did the act or made the omission charged against him, the person may appeal to the Court of Appeal against either or both of those findings.

F3(2)

An appeal under this section lies only—

(a)

with the leave of the Court of Appeal; or

(b)

ifF4, within 28 days from the date of the finding that the accused did the act or made the omission charged, the judge of the court of trial grants a certificate that the case is fit for appeal.

Annotations

Textual amendments

F1: Words in s. 15(1) substituted (31.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), s. 60, Sch. 10 para. 4; S.I. 2005/579, art. 3(g)
F2: Words in s. 15(1) substituted (1.1.1992) by Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c. 25, SIF 39:1), ss. 7, 8, Sch. 3 para. 2; S.I. 1991/2488, art. 2
F3: S. 15(2) substituted (1.1.1996) by 1995 c. 35, s. 1(5); S.I. 1995/3061, art. 3(a) (with art. 4)
F4: Words in s. 15(2)(b) inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 8 para. 5; S.I. 2008/1586, art. 2(1), Sch. 1 para. 26

Marginal citations

M1: 1964 c. 84.