Cap. 9 Art. 503Appeal against verdict of not guilty on the ground of insanity.

(1) A person in whose case a verdict of not guilty on the ground of his insanity at the time of the act or omission charged is returned, may appeal against the verdict and on any such appeal the same provision as contained in article 501(1) shall mutatis subject as hereinafter provided, apply. mutandis,

(2) Where apart from this article -

(a) an appeal against a verdict such as is mentioned in sub-article (1) would fall to be allowed, and

(b) none of the grounds for allowing it relates to the question of the insanity of the accused, the Court of Criminal Appeal may dismiss the appeal if of opinion that, but for the insanity of the accused, the proper verdict would have been that he was guilty of an offence other than the offence charged.

(3) In the case of an appeal under sub-article (1) the appeal may be heard and determined in the absence of the appellant and, if he is not assisted by an advocate, the provisions of article 519 shall apply.

(4) Where in accordance with sub-article (1) an appeal is allowed -

(a) if the ground, or one of the grounds, for allowing the appeal is that the finding of the jury as to the insanity of the accused ought not to stand and the Court of Criminal Appeal is of opinion that he was guilty of an offence (whether the offence charged or any other offence of which the jury could have found him guilty), the court shall substitute for the verdict of not guilty on the ground of insanity a verdict of guilty of that offence, and shall have the like powers of punishing or otherwise dealing with the accused as the court before which he was tried would have had if the jury had come to the substituted verdict;

(b) in any other case, the Court of Criminal Appeal shall substitute for the verdict of the jury a verdict of acquittal: Provided that where the offence mentioned in paragraph (a) is one for which the sentence is fixed by law, the sentence shall (whatever the circumstances) be one of imprisonment for life or for a term not less than twelve years.

(5) The term of any sentence passed by the Court of Criminal Appeal in the exercise of the powers conferred by sub-article (4)(a) shall, unless the court otherwise directs, begin to run from the time when it would have begun to run if passed in the proceedings in the Criminal Court.