Commentary First Group of Parts – Discipline Part 7- Trial by Court Martial Chapter 4 – Findings of Unfitness to Stand Trial and Insanity.Introduction
330.Sections 166 to 172 enable the Court Martial to consider and determine issues of unfitness to stand trial and insanity and make appropriate orders in relation to persons who are unfit to stand trial or not guilty by reason of insanity. These provisions are similar to the relevant sections of the Criminal Procedure (Insanity) Act 1964 (“the 1964 Act”), as amended by the Domestic Violence, Crime and Victims Act 2004.