Lord Bruce of Doningtonasked Her Majesty's Government:
Whether the provisions of the Criminal Appeal Act 1995 can apply in a case where a person is found guilty but insane and whether the Criminal Cases Review Commission would be acting ultra vires were they to mount an investigation into such a case simply by reason of the verdict passed having been one of guilty but insane rather than not guilty on the ground of insanity; whether, if the guilty but insane verdict is within the remit of the commission, they will so advise the commission without delay; and, if it is not within the commission's remit, what steps they will take, and when, so to amend the 1995 Act to ensure that a person found guilty but insane is treated by the commission in the exercise of its powers in the same way as a person found not guilty by reason of insanity. [HL1398]
§ The Parliamentary Under-Secretary of State, Home Office (Lord Williams of Mostyn)I understand that the Criminal Cases Review Commission has decided to refer to the Court of Appeal for Northern Ireland the question of whether the Criminal Appeal Act 1995 allows the commission to refer a verdict of "guilty but insane" to the court. Until the court furnishes the commission with its opinion on the point, the Government cannot take a view on whether they need to take any action.