(5) Where in accordance with subsection (2) or (3) of this section it is determined that the accused is under disability, the trial shall not proceed or further proceed.
(6) For the purpose of providing an appeal against a finding of the jury that the accused is under disability, section 2 of this Act (except subsection (3)) shall apply as if references to a special verdict included references to such a finding; and—
- (a) where the question of fitness to be tried was determined later than on arraignment, an appeal under section 2 of this Act against a finding that the accused was under disability may be allowed (notwithstanding that the finding was properly come to) if the Court of Criminal Appeal are of opinion that the case is one in which the accused should have been acquitted before the question of fitness to be tried was considered,
- (b) if the court are of that opinion, the court shall, in addition to quashing the finding, direct a verdict of acquittal to be recorded,
- (c) subject to paragraph (b) above, where an appeal is allowed against a finding that the accused is under disability, the appellant may be tried accordingly for the offence with which he was charged, and the court may make such orders as appear to the court to be necessary or expedient pending any such trial for his custody, admission to bail or continued detention under the Mental Health Act 1959.
(7) Sections 73, 74 and 76 of the Mental Health Act 1959 (which provide for the removal to or from hospital of persons committed for trial, etc.) shall apply to persons ordered under subsection (6)(c) of this section to be kept in custody pending trial as those sections apply to persons described in subsection (2)(a) to (c) of section 73, and Part V of that Act shall apply to persons for whose continued detention under the Act an order is made under subsection (6)(c) of this section as if they had been so ordered to be kept in custody pending trial and were detained in pursuance of a transfer direction together with a direction restricting discharge; and in the said section 76—
- (a) the words “the court having jurisdiction to try or otherwise deal with him” shall be substituted in subsection (1) for the words “the court to which he was committed or by which he was remanded, as the case may be,” and in subsection (2)(a) for the words “the court to which he was committed or by which he was remanded”; and
- (b) the words “a person awaiting trial” shall be substituted in subsection (2)(b) for the words “a person committed for trial”.
