Domestic Violence, Crime and Victims Bill [HL]
5:15 pm
Baroness Scotland of Asthal (Minister of State, Home Office; Labour)
moved Amendment No. 55:
After Clause 12, insert the following new clause—
"UNFITNESS TO PLEAD: PROCEDURE
(1) The Criminal Procedure (Insanity) Act 1964 (c. 84) is amended as follows.
(2) In section 4 (finding of unfitness to plead), in subsection (5) (question of fitness to be determined by a jury), for the words from "by a jury" to the end substitute "by the court without a jury".
(3) In subsection (6) of that section, for "A jury" substitute "The court".
(4) In subsection (1) of section 4A (finding that the accused did the act or omission charged against him), for "jury" substitute "court".
(5) For subsection (5) of that section substitute—
"(5) Where the question of disability was determined after arraignment of the accused, the determination under subsection(2) is to be made by the jury by whom he was being tried.""
[Amendments Nos. 55A to 55C, as amendments to Amendment No. 55, not moved.]
On Question, amendment agreed to.