Report on Insanity and Diminished Responsibility: Scottish Executive Papers 2004,92 (Hardback)
  • Report on Insanity and Diminished Responsibility: Scottish Executive Papers 2004,92 (Hardback)
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Report on Insanity and Diminished Responsibility: Scottish Executive Papers 2004,92 (Hardback)

£16.10
Hardback Published: 01/07/2004
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The purpose of this report is to: consider the tests and procedural issues in establishing insanity and the plea of diminished responsibility; make recommendations for reform; consider any changes that should be made in the powers of the court. The main recommendations are: the common law defence should be replaced by a statutory defence that the accused lacked criminal responsibility because of mental disorder; diminished responsibility would be a plea that only applied to murder and would apply when a persons control was substantially impaired by reason of mental abnormality; there should be a statutory plea called unfitness for trial, the test of which would be a non-exhaustive list of skill which would indicate a lack of capacity; the mental disorder of the accused would have to be proved on the balance of probabilities.

Publisher: TSO
ISBN: 9780108881398

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