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Criminal Procedure Act 2011

Appeals - Appeals against conviction - First appeals

235: Acquittal on account of insanity

You could also call this:

"Being found not guilty because you were insane when you did something wrong"

Illustration for Criminal Procedure Act 2011

If you are found guilty of a crime, but the court thinks you should not have been because you were insane at the time, this section applies. You will be treated as if you were found not guilty because of your insanity. The court will follow rules from the Criminal Procedure (Mentally Impaired Persons) Act 2003, specifically sections 23 to 26, 28, and 33, as if you had been found not guilty due to insanity.

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Part 6Appeals
Appeals against conviction: First appeals

235Acquittal on account of insanity

  1. This section applies if a first appeal court is satisfied that the convicted person should have been acquitted at trial on account of his or her insanity at the time of the offence.

  2. Sections 23 to 26, 28, and 33 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 apply in that case as far as applicable and as if the convicted person had been acquitted on the ground of insanity.

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