Criminal Justice
(Insane Persons) (Jersey) Law 1964
A LAW to make provision for the detention of persons charged with
offences who are found insane on accusation or trial, or insane at the time of
the commission of the offence
Commencement
[see endnotes]
1 Persons found insane on accusation or trial
(1) If
on the accusation or trial before the Royal Court of any person charged with
any act or omission punishable with death or imprisonment, it appears to the
court that the accused may be so insane as to be unfit to plead to the accusation
or unable to understand the nature of the trial, the court shall adjourn the
case to enable the Superior Number of the Royal Court to try the question
whether or not the accused is so insane as aforesaid.
(2) Such
trial shall be held by the Superior Number of the Royal Court as soon as may be
at such time and place as the court may direct and may be held in the absence
of the accused if it is proved to the satisfaction of the court by evidence
(including the oral evidence of 2 medical practitioners who in the opinion of
the court have had special experience in the diagnosis or treatment of mental
disorders) that it is impracticable or inappropriate to bring the accused
before the court.
(3) If
the Superior Number of the Royal Court finds the accused to be so insane as
aforesaid, it shall be lawful for the original court to order the accused to be
detained during Her Majesty’s pleasure; and until Her Majesty’s
pleasure is known, the accused shall be detained in such place and in such
manner as the court shall order and any such order may be varied from time to
time as the court thinks fit.
2 Accused persons found insane at time of commission of offence
(1) If
on the trial before the Royal Court of any person charged with any act or
omission punishable with death or imprisonment, the jury is satisfied that the
accused did the act or made the omission charged against him or her but that the
accused was insane at the time when the act was done or omission made so as not
to be responsible according to law for his or her actions, the jury shall
return a special verdict to the effect that the accused did the act or made the
omission charged but is not guilty on the ground that he or she was insane so
as not to be responsible according to law at the time.
(2) Where
such special verdict is found, it shall be lawful for the court to order the
accused to be detained during Her Majesty’s pleasure; and until Her
Majesty’s pleasure is known, the accused shall be detained in such place
or in the custody of such person and in such manner as the court shall order
and any such order may be varied from time to time as the court thinks fit.
(3) References
in this Article to the jury shall, in relation to a trial conducted without a
jury, be construed as references to the court.
3 Power to order detention in St. Saviour’s Hospital, and
retaking of escaped persons
(1) It
shall be lawful for a person in respect of whom an order has been made in
pursuance of Article 1(3) or 2(2) of this Law, to be detained in St.
Saviour’s Hospital until Her Majesty’s pleasure is known and
thereafter to be detained in the Hospital by order of Her Majesty during
pleasure; and any such order shall be sufficient authority for the reception
and detention of that person in the Hospital.
(2) Any
person who, having been ordered to be detained in St. Saviour’s Hospital
in pursuance of this Law, escapes, may be retaken by any police officer or by
any member of the staff of the Hospital.
4 Citation
This Law may be cited as the
Criminal Justice (Insane Persons) (Jersey) Law 1964.