INSANITY

Question 1

what is the definition of insanity?

Answer 1

s.1 Criminal Procedure (Insanity & Unfitness to Plead) Act 1991- There must be evidence from 2 doctors; one of which must be an expert in mental health.

Question 2

what is stage 1?

Answer 2

Stage 1 : D must be suffering from a DEFECT OF REASON - this means that D’s reasoning is impaired. It must be more than temporary absentmindedness or confusion ~ CLARKE

Question 3

what is stage 2?

Answer 3

Stage 2 : The defect of reason must be caused by a DISEASE OF THE MIND. This covers any physical disease which affects the operation of the mind. Insanity is caused by INTERNALLY affected conditions.

Question 4

what are examples of diseases of the mind?

Answer 4

Examples of “diseases of the mind”:
• Epilepsy ~ SULLIVAN
• Sleep walking ~ BURGESS
• Schizophrenia
• Chronic depression
• Diabetes- Hyperglycaemia (High blood sugar) - Internally affected disease ~ HENNESSY

Question 5

what is stage 3?

Answer 5

Stage 3 : D must not understand the “NATURE & QUALITY” of their act.
• This means, the D must not have known what they were doing was legally wrong and what the consequences would be ~ WINDLE