Insanity Flashcards
0
Q
What is a special verdict?
A
‘Not guilty by reason of insanity.’
1
Q
What type of defence is Insanity?
A
General Defence
2
Q
Who can raise the defence?
A
Prosecution, Judge, Defence
If def, must establish facts on the balance of probability.
3
Q
What if the D doesn’t specifically raise insanity?
A
D places the state of his mind at issue by raising another defence, such as automatism.
4
Q
Who is this a question for?
A
Judge.
5
Q
What is the role of the jury?
A
Jury must decide on the evidence whether D was instant. They can’t return the special verdict except on the evidence of 2 or more registered medical practitioners.
6
Q
What happens when found NG?
A
Judge has the discretion to: Commit to a mental institution Treatment or supervision Guardianship Order Absolute Discharge Where mused, a hospital order will be given.
