190Finding of insanity

1. If, on the trial by the Court Martial of any person charged with an offence, the accused person pleads insanity and the Court finds him not guilty on account of his insanity, the Court shall direct a finding to that effect to be recorded.

2. The Court Martial must record a finding that the accused is not guilty on account of his or her insanity if—

3. the accused indicates that he or she intends to raise the defence of insanity; and
4. the prosecution agrees that the only reasonable verdict is not guilty on account of insanity; and
5. the Court Martial is satisfied on the basis of expert evidence that the accused was insane within the meaning of section 23 of the Crimes Act 1961 at the time of the commission of the offence.

6. If, on the trial by the Court Martial of any person charged with an offence, the accused person pleads insanity and the Court finds him not guilty, the Court shall be required to declare whether or not it has acquitted the accused person on account of his insanity.

7. Section 55 of the Court Martial Act 2007 applies to a finding under this section.

8. Nothing in this section shall limit or affect the power of the Judge to leave to the military members the question of whether an accused person was insane (within the meaning of section 23 of the Crimes Act 1961) notwithstanding that the accused person has not pleaded insanity nor put the question of his sanity in issue, where it appears in evidence that he may have been insane at the time of the commission of the offence.