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In force1984 Revised Edition
Contents

Part 7

146. Substitution of finding of insanity or unfitness to plead

Where, on appeal, the Court of Appeal are of the opinion that —

(a)

the proper finding would have been a finding of not guilty by reason of insanity; or

(b)

the case is not one where there should have been a finding of not guilty, but that there should have been a finding that the accused was unfit to stand his trial, the court shall order the appellant to be kept in custody under section 108 in the same manner as on a finding of not guilty by reason of insanity or a finding of unfitness to stand trial by the court-martial by which the appellant was convicted.

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