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In force2021 Revised Edition
Contents

Chapter XLIV

426. Order on disposal of appeal under section 424

(I)

Where, on an appeal under section 424, the Court of Appeal is of opinion that the case is not one where there should have been a verdict of acquittal but that there should have been a finding that the accused person was under disability, the Court of Appeal shall make an order that the appellant be admitted to a prison or hospital as the Court of Appeal may direct.

(2)

Where in accordance with section 425(4)@) the Court of

Appeal substitutes a verdict of acquittal and it is of opinion that -

(a)

the appellant is suffering from mental disorder of a nature or degree which warrants his detention in a hospital (with or without medical treatment); and

(b)

he ought to be so detained in the interests of his own health or safety or with a view to the protection of other persons, the Court of Appeal shall make an order that the appellant be admitted to such prison or hospital as may be specified.

(3)

On making an order under this section, the Court of Appeal may give such directions as it thinks fit for his detention pending his admission to a prison or hospital.

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