Notes that helped me to achieve a distinction. Created using the specification, the Pearson 2017 Applied Law book and extra notes made in class. Includes cases, tests and strengths and weaknesses of the law.
Insanity and automatism
Two different defences:
● Insanity (sometimes referred to as automatism)- supposed to be around mental disorders and
results in a ‘special verdict’ (your not found innocent but your found not guilty by reason of insanity)
● Automatism (sometimes referred to as ‘non-insane automatism) is nothing to do with mental
disorders and results in a full acquittal
, Insanity
M’Naghten 1843 (Insanity found in common law)
● Insanity came from the case of M’Naghten
● He attempted to kill the Prime Minister, Sir Robert Peel, but instead shot and killed Edward
Drummond, the Prime Minister's Secretary
● He was suffering from insane delusions at time of killing
● Found not guilty- The House of Lords formulated M'Naghten rules which apply in determining
whether a person should escape criminal liability on the grounds of being insane
The Mc’Naughetn test:
The accused must prove (on the balance of probabilities) that he was suffering from:
● A defect of reason
● Resulting from a disease of the mind
● With the consequence that:
● D did not know nature or quality of act OR
● D did not know the act was wrong
● Need evidence from 2 doctors
, Special verdict (defence for insanity)
● If you are found guilty by reason of insanity, you are given a special verdict
● Similar to diminished responsibility
● Burden of proof is on the defendant
● Before 1991 – using this defence resulted in a compulsory detention in a mental hospital
● Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 changed this to allow other options
Most recent- Domestic Violence, Crime and Victims Act (2004) extended sentencing options to
include:
● hospital order
● supervision order
● absolute discharge
● murder = indefinite hospital order with Home Secretary permission for release
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