Cap. 220 Art. 120Appeal from finding of insanity and unfitness to stand trial.

(1) A person who has been tried by court-martial for an offence and been found not guilty by reason of insanity may appeal to the Appeal Court against that finding; and the provisions of the four last foregoing articles shall apply to any such appeal.

(2) A person found by a court-martial to be unfit to stand trial may appeal to the Appeal Court against the finding and, subject to the next following sub-articles, the provisions of the four last foregoing articles shall apply to any such appeal.

(3) Where the question whether the accused was unfit to stand his trial was determined by the court-martial at a time later than on arraignment, the appeal may be allowed (notwithstanding that the finding was properly arrived to) if the Appeal Court is of the opinion that the case is one in which the court-martial should have before that time have come to a finding of not guilty.

(4) If the Appeal Court is of that opinion, it shall substitute a finding of not guilty (but not a finding of not guilty by reason of insanity) and the appellant shall then not be liable to be tried by a court-martial or by any other court for the offence with which he was charged.

(5) Where the appeal is allowed and the Appeal Court does not substitute a finding of not guilty, the appellant may be tried accordingly for the said offence; and if he is for the time being detained for reasons of mental health the court may make such order as appears to it to be necessary or expedient pending any such trial in respect of his detention.

Review of summary findings and awards