Understanding the defence of Insanity in English Law

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Understanding the Defence of Insanity in English Law

Did you know that in English law, a person can be found not guilty of a crime if they were insane at the time of the offence? Here’s how it works!

Legal Definition: The defence of insanity is based on the M’Naghten Rules (1843). To use this defence, the accused must prove that:

• They were suffering from a severe mental disorder at the time of the crime.
• Due to this disorder, they did not understand the nature of their actions or could not distinguish between right and wrong.
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Key Points:

• Insanity is not the same as being unfit to plead. An unfit defendant cannot understand court proceedings, while an insane person may understand the trial but lacked the mental capacity during the offense.
• If successful, the defendant is not convicted of the crime but may be detained in a secure hospital for treatment.

Real-Life Cases: High-profile cases have tested this defense, sparking debates about     mental health and accountability.

Societal Impacts: This defence emphasises the importance of understanding mental health in the justice system, aiming to ensure that individuals get the help they need rather than punishment..