Section 135 Interpretation: mentally disordered offenders

United Kingdom

C1(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—

C2(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);

C3(c)

Article 44(4) of the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4)).

F1(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.

C4(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)

F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations

Textual amendments

F1: S. 135(2A) inserted (S.) (25.6.2012 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. 73; S.S.I. 2012/160, art. 3, sch.
F2: S. 135(4)(c) repealed (31.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 58, 60, Sch. 10 para. 58, Sch. 11; S.I. 2005/579, art. 3(f)-(h)(i)(xi)

Modifications

C1: S. 135(1) applied by Criminal Justice and Public Order Act 1994 (c. 33), s. 327B(10) (as inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 140(1), 153(7); S.I. 2008/1586, art. 2, Sch. 1 para. 43 (subject to Sch. 2))
C2: S. 135(2)(a) applied by Criminal Justice and Public Order Act 1994 (c. 33), s. 327B(10) (as inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 140(1), 153(7); S.I. 2008/1586, art. 2, Sch. 1 para. 43 (subject to Sch. 2))
C3: S. 135(3) applied by Criminal Justice and Public Order Act 1994 (c. 33), s. 327B(10) (as inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 140(1), 153(7); S.I. 2008/1586, art. 2, Sch. 1 para. 43 (subject to Sch. 2))
C4: S. 135(3) applied by Criminal Justice and Public Order Act 1994 (c. 33), s. 327B(10) (as inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 140(1), 153(7); S.I. 2008/1586, art. 2, Sch. 1 para. 43 (subject to Sch. 2))

Notes on Part 2

Modifications

C1: Pt. 2 applied (with modifications) (1.12.2020) by Sentencing Act 2020 (c. 17), ss. 352(2)(b)(3), 416(1) (with ss. 2, 398(1), 406, Sch. 27); S.I. 2020/1236, reg. 2
C2: Pt. 2 applied (with modifications) (S.) (31.3.2023) by Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), ss. 18(3), 45(2)(3) (with s. 44); S.S.I. 2023/51, reg. 2 (with reg. 3)
C3: Pt. 2 applied (with modifications) (S.) (31.3.2023) by Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), ss. 35(3)(4), 45(2)(3) (with s. 44); S.S.I. 2023/51, reg. 2 (with reg. 3)
C4: Pt. 2 applied (with modifications) (S.) (31.3.2023) by Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), s. 38(4)-(6), 45(2)(3) (with s. 44); S.S.I. 2023/51, reg. 2 (with reg. 3)