Page:Criminal Procedure (Insanity) Act 1964 (UKPGA 1964-84 qp).pdf/8

Provided that—

(a) sections 1, 4(1) to (5), 5(1)(a) and (c) and 6 shall not apply where the accused was arraigned before the said time;

(b) sections 2, 4(6) and 5(1)(b) and (d) shall apply whenever the accused was arraigned, but section 2 shall not apply where a special verdict was returned before the said time, section 4(6) where a finding that the accused is under disability was recorded before that time, or section 5(1)(b) or (d) where the hearing of the appeal began before that time;

(c) section 7 shall apply in relation to courts-martial whenever commenced, except that it shall not have effect in relation to any finding come to by a court-martial before the said time or affect the procedure in a court-martial commenced before that time for determining the question whether the accused is unfit to stand his trial.

(4) This Act, except as respects courts-martial and matters arising out of proceedings in courts-martial, shall extend to England and Wales only.

(5) The following provisions are hereby repealed subject to any exception mentioned, that is to say:—

(a) the Criminal Lunatics Act 1800 and subsections (2) and (4) of section 2 of the Trial of Lunatics Act 1883 shall be repealed except as respects cases where the accused was arraigned before the time mentioned in subsection (3) of this section; and

(b) section 5(4) of the Criminal Appeal Act 1907 shall be repealed except as respects appeals the hearing of which began before the said time; and

(c) in section 71 of the Mental Health Act 1959 subsection (1) and in subsection (3) the words from the beginning to “Criminal Appeal Act 1907; and”, together with the words “the aforementioned enactments and”, shall be repealed except as respects cases where an order was made before the said time, and subsection (5) shall be repealed; and

(d) in paragraph 15(2) of Schedule 2 to the Revision of the Army and Air Force Acts (Transitional Provisions) Act 1955 the words from “in subsection (4)” to “finding; and”, and in Schedule 5 to the Naval Discipline Act 1957 the words from “In section six” to “1957” where next occurring, shall be repealed except as respects cases where the finding of the court-martial was come to before the said time.