Insane accused

(1) Where, on the trial of a person by court martial, it appears to the court that the accused is by reason of insanity unfit to stand his trial, the court shall so find; and if the finding is confirmed in accordance with the following provisions of this section the accused shall be kept in custody in such manner as may be provided by or under regulations under this Part until the directions of the Governor-General, given in accordance with the advice of the Security Services Commission, are known or until any earlier time at which the accused is fit to stand his trial. (2) Where, on the trial of a person by court martial, it appears to the court that the evidence is such as, apart from any question of insanity, to support a finding that the accused was guilty of any offence, but that at the time of the acts constituting that offence the accused was insane, the court shall find that the accused was guilty of that offence but was insane at the said time, and thereupon the accused shall be kept in custody in such manner as may be provided by or under regulations under this Part until the directions of the Governor-General, given in accordance with the advice of the Security Services Commission, are known. (3) In the case of any such finding, the Governor-General may give orders for the safe custody of the accused during his pleasure in such place and in such manner as the Governor- General in accordance with the advice of the Security Services Commission thinks fit. (4) A finding under sub-section (1), shall not have effect unless and until the finding has been confirmed by the confirming authority and has been promulgated. (5) Where the court of the confirming authority comes to or substitutes a finding of guilty but insane, the confirming authority shall not have power to substitute for that finding a finding of guilty; but save as aforesaid the provisions of this Act as to revision and confirmation (and in particular the provisions of this Act which confer power to substitute for any finding any other finding which could have been come to by the court martial in question) apply in relation to such findings as are provided for by sub-section (2), as those provisions apply in relation to other findings of guilty.