108. Provisions where accused unfit to stand trial

For the purposes of this section, “unfit to stand his trial” means, in relation to the accused on trial by court-martial, that the accused —

Where, on the trial of a person by court-martial, it appears to the court-martial that the accused is unfit to stand trial, the court-martial shall so find; and if the finding is confirmed in accordance with the following

Where, on the trial of a person by court-martial, it appears to the court-martial that the evidence is such as, apart from any question of insanity, to support a finding that the accused was guilty of any offence, but that at the time of the acts or omissions constituting that offence the accused was insane and consequently incapable at that time of knowing the nature of such acts or omissions or that such acts or omissions were either wrong or contrary to law, the court-martial shall find that the accused was not guilty of that offence by reason of insanity, and thereupon the accused shall be kept in custody in such manner as may be provided by or under regulations made by

In the case of any such finding pursuant to subsections (2) or (3),

A finding under subsection (2) shall not have effect unless and until the finding has been confirmed by an officer who would have had power to confirm a finding of guilty come to by the court-martial in question and has been confirmed.

Where on the trial of a person by court-martial, the question arises (at the instance of the defence or otherwise) whether the accused is unfit to stand his trial, the following provisions shall have effect —

The provisions of this Act as to confirmation and review (and in particular the provisions of this Act which confer power to substitute for any finding any other finding which could have come to by the court-martial in question) apply in relation to such findings as are provided for by subsection

as those provisions apply in relation to findings of guilty.

Where the confirming officer or reviewing authority substitute for a finding of not guilty by reason of insanity a finding of guilty of an offence, the confirming officer or reviewing authority shall have the like powers of sentencing the accused and other powers as the court-martial would have had on the like findings of guilty, and any sentence imposed shall be promulgated and have effect as would a sentence duly substituted by the confirming officer or reviewing authority for a sentence of the court-martial: