Monday, February 10, 2020

On what basis should the presence of mental disorder influence Essay

On what basis should the presence of mental disorder influence decisions in the criminal justice system - Essay Example It should be noted that the latter law was abolished during the nineteen sixties; however some individuals may still be liable to such conditions. (UK government, 2008) In the guilty bust insane verdict provided for in the 1883 Lunatics Act, the law states that when a certain individual was accused of a crime and that sufficient evidence is given in order to support those accusations as to make that respective individual guilty, then that person may be found guilty but insane of it was also proven that that respective individual was insane. The special verdict can be passed even when the person under consideration seems to be in good mental health at the time of the trial but it was affirmed that during the process of committing the criminal Act, this was not the case. (The BBC, 1999) Back in the year 1907, The House of Lords held that there should be no appeal against such cases that an accused had in fact committed the act owing to the fact that the suspect does not posses a guilty mind to carry out that Act. The latter decision was validated during Felstead [1914] AC 534. It should be noted that this law was applicable throughout much of this century until the nineteen sixties. At that time, Northern Ireland passed a law of not guilty on the basis of insanity. This was known as the Mental Health Act. Additionally at that time, the Insanity Act of 1964 was passed in England and Wales where a guilty but inane verdict was changed to one known as the guilty by reason of insanity. In the Criminal Appeal Act of England and Wales (1968) it was put forward that there sections 12 and 14 allowed for appeals. On the other hand, there were of appeals against the guilty but insane verdict within Northern Ireland. (Giddens, 1998) In the Criminal Cases Review Commission, there was a need to look into some of the issues to be

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