Commentary on Sections Part 10 – Criminal Justice Chapter 6 – Unfitness to Be Tried Etc Section 207 - Powers to deal with person unfit to be tried or not guilty by reason of insanity
This section makes provision for the powers of a court to dispose of a person who is found unfit to be tried, or was found not guilty by reason of insanity. In these circumstances, the court must make a public protection order without restrictions; make a public protection order with restrictions; make a supervision and assessment order; or make an order for the absolute discharge of the accused. Schedule 7 makes provision for supervision and assessment orders.
The power to make a public protection order without restrictions is only exercisable if the detention conditions provided by section 168 are met. The power to make a public protection order with restrictions is only exercisable if the detention conditions provided by section 168 and the restriction condition provided by section 169 are met.
The section also provides that, where the findings relate to an offence for which the sentence is fixed by law, the provisions in respect of disposals detailed above do not apply, and instead the court must make a public protection order with restrictions. That order must not include provision that the restriction is for a specified period only.