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OCR A-Level Law
OCR Criminal Law
Insanity
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Cards (13)
s1
and
s5
Criminal Procedure (
Insanity
) Act
1964
: "Not
guilty
by reason of
insanity
"
Criminal Procedure (
Insanity
and
Unfitness
to
Plead
) Act
1991
sets out a judges options:
Hospital
order and an order
restricting
discharge
either for a
limited
or
unlimited
period of time
A
supervision
and
treatment
order
An
order
for
absolute
discharge
For
murder
, the court must make a
hospital
order restricting the defendant's
discharge
Insanity follows the
M'Naghten
Rules:
A
defect
of
reason
Caused
by
disease
of
mind
The defendant does not know the
nature
and
quality
of his act or does not know that was he was doing was
wrong
A defect of reason is the
defendant failing
to use his
reason.
Clarke
Disease
of
mind
is the
legal
term, not a
medical
one.
Kemp
The disease of mind can be
mental
or
physical
and can include
epilepsy
,
sleep
walking
, or
diabetes.
Burgess
Even if the disease is
temporary
, it can constitute
insanity.
Sullivan
Diabetes
can either fall into
insanity
or
automatism
depending on the
cause
of the symptoms.
Hyperglycaemia
would be for
insanity.
Hennessy
Hypoglycaemia
would be for
automatism.
Quick
Voluntary
intoxication which would cause a
temporary psychotic
episode cannot be
insanity
because
alcohol
is an
external
factor.
Coley
The defendant must not know the
nature
or
quality
of his acts, this can be due to their
condition.
Oye
The defendant can have the mens
rea
for the offence but because of his
insanity
did not know it was
wrong.
Windle