Trial of Lunatics Act 1883

Publication Date:January 01, 1883
 
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Trial of Lunatics Act, 1883

(46 & 47 Vict.) CHAPTER 38.

An Act to amend the Law respecting the Trial and Custody of Insane Persons charged with offences.

[25th August 1883]

B E it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the came, as follows:

S-1 Short title.

1 Short title.

1. This Act may be cited as theTrial of Lunatics Act, 1883.

S-2 Special verdict where accused found guilty, but insane at date of act or omission charged, and orders thereupon.

2 Special verdict where accused found guilty, but insane at date of act or omission charged, and orders thereupon.

(1)2 (1.) Where in any indictment or information any act or omission is charged against any person as an offence, and it is given in evidence on the trial of such person for that offence that he was insane, so as not to be responsible, according to law, for his actions at the time when the act was done or omission made, then, if it appears to the jury before whom such person is tried that he did the act or made the omission charged, but was insane as aforesaid at the time when he did or made the same, the jury shall return a special verdict to the effect that the accused was guilty of the act or omission charged against him, but was insane as aforesaid at the time when he did the act or made the omission.

(2) (2.) Where such special verdict is found, the Court shall order the accused to be kept in custody as a criminal lunatic, in such place and in such manner as the Court shall direct till Her Majesty's pleasure shall be known; and it shall be lawful for Her Majesty thereupon, and from time to time, to give such order for the safe custody of the said person during pleasure, in such place and in such manner as to Her Majesty may seem fit.

(3) (3.) In all such cases any two justices of the peace of the county city, or place where such person shall have been tried, or shall be kept in custody, shall have the like power as is given by the Act of the third and fourth years of Her present Majesty, chapter fifty-four in the cases therein mentioned, to inquire into and ascertain the last legal settlement of such person, and also to make the like order or orders for the payment of such person's maintenance and other charges as therein mentioned.

(4) (4.) All provisions in any existing Act or in any rules or orders made in pursuance of any existing Act, having reference to a person or persons acquitted on the ground of...

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