Court Rules

The below amendment(s) have been made to this instrument which can be viewed by clicking on the link(s):

No23A-S.I. No. 154 Of 2011: District Court (Criminal Law (Insanity) Act 2010) Rules 2011

Criminal Law (Insanity) Act 2006

1. In this Order, “the Act” means the Criminal Law (Insanity) Act 2006.

2. A notice given under section 19(1) of the Act in any proceedings which may be determined by the Court shall be in the  Form 23A.1, Schedule B. A copy of the notice together with proof of service thereof shall be lodged with the Clerk.

3. Where the Court makes an order pursuant to section 4(6)(a) of the Act committing an accused person who is unfit to be tried to a specified designated centre for a period of not more than 14 days and directs that the accused person concerned be examined by an approved medical officer at that centre, the warrant of committal and the direction shall be in the  Form 23A.2, Schedule B.

4. Where the Court makes an order pursuant to section 4(3)(b)(i) of the Act committing an accused person who is unfit to be tried to a specified designated centre for in-patient care, the warrant of committal shall be in the Form 23A.3, Schedule B. Where the clinical director of the designated centre concerned forms the opinion in relation to the said accused person that said person is no longer unfit to be tried for an offence, the clinical director shall forthwith notify the Court of such opinion pursuant to section 13(2)(a) of the Act by notification in writing in the   Form 23A.4, Schedule B which notice shall be sent by electronic mail and by registered post to the Clerk. As soon as may be upon receipt of such a notice an order in the  Form 23A.5, Schedule B shall issue out of the Court and the Clerk shall send a copy of the said order to the said clinical director, the prosecutor and the solicitor for the accused person for the purpose of notifying them of the time fixed by the Court for the said accused person to be brought before it. When the accused person is brought before it, the Court may hear and determine any application by the prosecutor or the accused person as it thinks proper, and may make any order pursuant to section 13(2)(a)of the Act as it thinks proper.

5. Where the Court makes an order pursuant to section 4(3)(b)(ii) of the Act in respect of an accused person who is unfit to be tried, the order shall be in the  Form 23A.6, Schedule B and a copy of the order shall be transmitted by the prosecutor to the clinical director of the designated centre concerned. Any application by the prosecutor or the accused person for a further order may be made at any sitting of the Court in a court area referred to in rule 1 of Order 13 and shall be made on seven days’ notice in writing to the other party.

6. Where the Court makes an order pursuant to section 4(4)(a) of the Act, the order sending the accused person forward shall be in the  Form 23A.7, Schedule B and any warrant of committal shall be in the  Form 23A.8, Schedule B.

7. Where the Court makes an order pursuant to section 5(2) of the Act committing an accused person who has been found not guilty by reason of insanity to a specified designated centre pending the making of an order under section 13 of the Act, the warrant of committal shall be in the  Form 23A.9, Schedule B.

8. Where the Court makes an order pursuant to section 5(3)(a) of the Act committing an accused person who has been found not guilty by reason of insanity to a specified designated centre for a period of not more than 14 days and directs that during such period the accused person concerned be examined by an approved medical officer at that centre, the warrant of committal and direction shall be in the  Form 23A.10, Schedule B.

9. An application for an order pursuant to section 5(3)(b) of the Act extending the period of committal may, unless the court otherwise directs or permits, be made on two days’ notice in writing to the other party at any sitting of the Court in a court area referred to in rule 1 of  Order 13.