Critical evaluation and potential reforms of the law on insanity and automatism Flashcards
What is the issue around the age of the insanity defence
It was introduced in 1843 not in the form of an act but a case. There have been huge medical advances since 1843 and therefore the defence should be updated accordingly
What did the 1953 Royal Commission on Capital Punishment recommend
The abolishment of the M’Naughten rules
What did the Homicide act 1957 (now the Coroners and Justice act) introduce?
The defence of diminished responsibility that has an overlap with insanity and both carry the stigma of the defendant being mentally unsound.
What is the issue surrounding the burden of proof in insanity defences
It is placed upon the defendant which some say is a violation the human right ‘innocent until proven guilty.
What did the 1957 Butler Committee suggest
Introduced the new defence of not guilty by reason of mental disorder and that the burden of proof should be on the prosecution.
What did the Law commission 1989 propose
Agree with the Butler committee and also state that sleepwalking and spasms should also be insanity and automatism.
What did the law commission 2012 scoping paper recommend
The current law lagged behind psychiatric understanding.
