Section 32 Individual not criminally responsible or unfit for trial: order treated as convictionF4
Subsection (4) applies to an individual if—
the individual is charged with an offence,
either—
the individual is acquitted of the charge F2 by reason of the special defence set out in section 51A of the 1995 Act , or
the court makes a finding under section 55(2) of the 1995 Act in respect of the individual, and
the court makes any order mentioned in section 57(2)(a) to (d) of the 1995 Act in relation to the acquittal or finding.
An individual to whom this subsection applies is to be treated, for the purposes of sections F3... 17 and 24, as having been convicted of the offence.
Annotations
Textual amendments
- F1
S. 32(1)(2) repealed (12.1.2026) by Disclosure (Scotland) Act 2020 (asp 13), ss. 81(2)(c), 97 (with s. 96); S.S.I. 2025/352, reg. 2(1) (with reg. 3)
- F2
Words in s. 32(3)(b)(i) substituted (with application in accordance with art. 3 of the commencing S.S.I.) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), s. 206(1), Sch. 7 para. 84; S.S.I. 2012/160, art. 3, Sch.
- F3
Word in s. 32(4) repealed (12.1.2026) by Disclosure (Scotland) Act 2020 (asp 13), ss. 81(3)(a), 97 (with s. 96); S.S.I. 2025/352, reg. 2(1) (with reg. 3)
- F4
S. 32 title substituted (12.1.2026) by Disclosure (Scotland) Act 2020 (asp 13), ss. 81(3)(b), 97 (with s. 96); S.S.I. 2025/352, reg. 2(1) (with reg. 3)
Commencement
- I1
S. 32(1)(3)(4) in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)
- I2
S. 32(2) in force at 18.4.2010 for specified purposes by S.S.I. 2010/133, art. 2, Sch.
- I3
S. 32(2) in force at 28.2.2011 in so far as not already in force by S.S.I. 2011/157, art. 2(a)