New clause 20 - Procedure for determining fitness to plead: England and Wales

Domestic Violence, Crime and Victims Bill [Lords] – in a Public Bill Committee at 10:15 am on 6th July 2004.

Alert me about debates like this

'(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.'' '.

—[Paul Goggins.]

Brought up, and read the First time.

Motion made, and Question put, That the clause be read a Second time:—

The Committee divided: Ayes 11, Noes 5.

Question accordingly agreed to.

Clause read a Second time, and added to the Bill.