A trial judge's deferral of the explanation of legal and practical consequences of verdicts to the summing-up stage, rather than providing it at the commencement of the special hearing, does not comply with s 21(4) of the Mental Health (Criminal Procedure) Act 1990 and constitutes a substantial miscarriage of justice following Subramaniam. Where a person found unfit to be tried has already served a substantial portion of the likely limiting term and has not been referred to the Mental Health Review Tribunal, the Court may exercise its discretion under s 8(1) of the Criminal Appeal Act 1912 not to order a new trial.
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