INSANITY

• before starting the legal test

  D may evade a guilty verdict for the offence if they are found to be insane, in which case a verdict of 'not guilty by reason of insanity' under the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991
• before starting the legal test

  If it is a murder charge then S.24 of the Domestic, Violence, Crime and Victims Act 2004 states an indefinite hospital order is required
• 1. Is D suffering from a defect of reasoning
• 2. Was the defect of reason due to a disease of the mind
• 3. Did D know the nature of his act?


  If not then likely to be insane
• 4. Did D know the act was wrong?


  If yes than not insane
• Criminal Procedure (Insanity and Unfitness to Plead) Act 1991
• S.24 of the Domestic, Violence, Crime and Victims Act 2004