Insanity

• 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:

  1. Hospital order and an order restricting discharge either for a limited or unlimited period of time
  2. A supervision and treatment order
  3. An order for absolute discharge
  4. For murder, the court must make a hospital order restricting the defendant's discharge
• Insanity follows the M'Naghten Rules:

  1. A defect of reason
  2. Caused by disease of mind
  3. 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