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
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
