§ 6.—(1) Where on a trial by the court the question arises (whether at the instance of the defence or otherwise)—
- (a) whether the accused is fit to stand trial, or
- (b) where it appears to the court that the accused did the act or made the omission constituting the offence with which he is charged, whether he was insane at the time of the act or omission concerned,
the court shall adjourn the hearing and refer the case to the prosecuting authority.
§ (2) For the purposes of this paragraph a person is unfit to stand trial if he is under a disability such that apart from the Criminal Procedure (Insanity) Act 1964 it would constitute a bar to his being tried on indictment in England and Wales."
§ (6) Paragraph 7 shall cease to have effect.
§ (7) In paragraph 8 (re—trial where Standing Civilian Court ceases to be properly constituted)—
- (a) in sub-paragraph (1), for the words from the beginning to "directing" there shall be substituted the words "The court administration";
- (b) in sub-paragraphs (2) and (3), for the word "directing" there shall be substituted the words "court administration".
§ (8) In paragraph 12 (procedures etc. of Standing Civilian Court)—
- (a) in sub-paragraph (1), after the word "namely" there shall be inserted the following paragraph—
- "(aa) the prosecution of offences which may be tried by Standing Civilian Courts;";
- (b) after sub-paragraph (4)(b) there shall be inserted the following paragraphs—
- "(ba) proceedings preliminary to trials by Standing Civilian Courts;
- (bb) the appointment of a magistrate for any preliminary proceedings;";
- (c) in sub-paragraph (4)(f), after the word "trials" there shall be inserted the words "and any preliminary proceedings";
- (d) in sub-paragraph (4)(h), the words "and the directing officer" shall cease to have effect; and
- (e) sub-paragraph (4)(m) shall cease to have effect.
§ (9) In paragraph 18 (appeals to courts-martial)—
- (a) in sub-paragraphs (3) and (4), for the words "directing officer" there shall be substituted the words "higher authority";
- (b) in sub-paragraph (4), for the words "Rules of Procedure" there shall be substituted the word "rules"; and
- (c) in sub-paragraph (10), the words "or as judge advocate" shall cease to have effect.
§ (10) In paragraph 20 (review of findings and sentences of Standing Civilian Court), in sub-paragraph (9), for the words "directing officer" there shall be substituted the words "higher authority".