Reform of the law Flashcards
When and what reformed the law on diminished responsibility ?
by the Coroners and Justice Act 2009
In what report did the Law Commission recommend that the definition of diminished responsibly should be modernised so as to take into account changing medical knowledge?
Murder, Manslaughter and Infanticide 2006
In the Law Commission report Murder, Manslaughter and Infanticide 2006, what did they recommend that the definition of diminished responsibility should be modernised to take into account?
changing medical knowledge
When were the recommendations of the Law Commissions 2006 report Murder, Manslaughter and Infanticide put into effect to allow the deffiniton of diminished responsibility to be modernised with changing medical knowledge??
in the 2009 Coroners and Justice Act
What phrase does the Coroners and Justice Act 2009 use which allows the law to be flexible and allow for future developments in medical knowledge?
‘recognised medical condition’
What is a benefit from the Coroners and Justice Act 2009 using the phrase ‘recognised medical condition’ under the law of diminished responsibility?
the law is now flexible enough to allow for future developments in medical knowledge
What does the new definition of DR under the Corners and Justice Act 2009 now set out clearly?
sets out which aspects of the defendants mental functioning must be substantially impaired in order for the partial defence of DR to succeed
What case decision was incorporated into the statutory deffiniton of DR under the Coroners and Justice Act 2009?
the decision of Byrne 1960
What are the two main problems remaining in the law of DR?
- Burden of proof
- Developmental immaturity
What is the problem with the burden of proof under DR?
the burden of proof should not be on the defendant as it is not for most other defences
In comparison to which defence are defendants at a disadvantage under the defence of DR due to the burden of proof?
loss of control
Which Art of the ECHR is arguably in breach under the burden of proof being on the defendant?
Art 6
What is Art 6 of the ECHR which is arguably in breach in the burden of proof for DR?
this states that ‘everyone charged with a criminal defence shall be presumed innocent until proven guilty according to the law’
How is the burden of proof being on the defendant a breach of Art 6 of the ECHR?
as under this art, the defendant should be presumed innocent until proven guilty
What have the courts said regarding Article 6?
that the defence of DR and burden of proof is not in breach of Art 6
Who did the Law Commission in 2006 recommend that developmental immaturity should be included for within the deffiniton of DR?
those under 18
What was the reason for the Law Commission in 2006 recommending that developmental immunity should be included within the deffiniton of DR for those under 18?
as there is evidence to show that frontal lobes of the brain which play an important role in the development of self control do not mature until the age of 14.
as there is evidence to show that frontal lobes of the brain which play an important role in the development of self control do not mature until the age of 14, what have the Law Commission in 2006 recommended?
that development maturity for those undef 18 should be included within the deffiniton of DR
Why did the government take the view that there was no need to include ‘development immaturity’ as a specific cause of DR?
as conditions such as learning disabilities and autism spectrum disorders were recognised medical conditions and these were relevant in the context of juvenile offenders
What is a problem with the fact that the government have refused to include development immaturity as a specific cause of DR and only conditions such as learning debilities?
as it is not the same thing
What may happen as a result of the government refusing to include development immaturity into the definition of DR for those under 18?
a child as young as 10 may be convicted of murder when they are developmentally mature
Why could a 10 year old be convicted of murder?
as the government have refused to include developmental immaturity into the defence of DR which means that under the existing law they are not technically suffering from an abnormality of mental functioning
Where was the definition defence of DR and where is it now?
s2 (1) Homicide Act 1957
as amended by Coroners and Justice Act 2009
What is the definition of DR?
Suffering from an abnormality of mental functioning which
- arose from a recognised medical condition
- substantially impaired Ds ability to
- understand the nature of their conduct
- form a rational judgement
- exercise self control
- provide an explanation for Ds conduct
What is the definition of Abnormality of mental functioning?
A state of mind so different from that of ordinary human beings that the reasonable man would term is abnormal
Where did the definition of Abnormality of mental functioning come from?
Byrne 1960
What 2 cases defined substantially impaired?
Byrne + Lloyd
What is substantially impaired as defined by Byrne and Lloyd?
A question of degree for the jury to decide
‘Substantial’ doe not mean total nor trivial or minimal but something in between
When does abnormality of mental functioning provide an explanation for Ds conduct?
Abnormality of mental functioning provides an explanation for Ds conduct if it causes, or is a significant contributory factor in causing D to carry out that conduct
