“A special verdict of not guilty by reason of insanity was an acquittal for the purposes of imposing a restraining order upon a defendant, pursuant to section 5A of the Protection from Harassment Act 1997.”
WLR Daily, 1st May 2013
“The court had to identify the potential victim in a restraining order under section 5A of the Protection from Harassment Act 1997 to reflect the underlying purpose of the provision to protect that person or class of persons from an acquitted defendant and could only impose an order if satisfied that the defendant was likely to pursue a course of conduct which amounted to harassment within the meaning of section 1 of the Act.”
WLR Daily, 29th November 2012
“The Defences of Insanity and Automatism – Law Commissioner Professor David Ormerod says, ‘To produce meaningful reform proposals and be confident they will work in practice we need evidence of their current use and any problems they pose. Our scoping paper asks questions to provide that information.’ ”
Law Commission, 18th July 2012
“Anders Behring Breivik knew what he was doing, and he knew it was wrong. Claiming insanity is not enough to protect a person from the consequences of his own evil acts. Alternatively, he must be mad. His killing spree was so shocking and so utterly at odds with normality as to be sufficient evidence of insanity in its own right. Res ipsa loquitur. And there you have it – the whole point of the argument about ‘criminal insanity’, which has been running for centuries.”
Halsbury’s Law Exchange, 18th April 2012
“The word ‘determination’ in s 4(6) of the Criminal Procedure (Insanity) Act 1964 refers only to a determination that a defendant is unfit to plead so that, where that provision’s requirement for evidence from two or more registered medical practitioners to be before the court has not been met, the trial judge is not bound to adjourn the trial but may properly conclude that the defendant is fit to plead and that the trial may continue.”
WLR Daily, 22nd October 2009
Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“The test for a verdict of unlawful killing was not exclusively objective, it being necessary to find at least the mental element necessary for a criminal conviction of assault; and insanity, if properly raised on the evidence, had to be disproved to the criminal standard to sustain such a verdict.”
WLR Daily, 8th May 2009
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Court of Appeal (Criminal Division)
“Once it was clear that there was an issue as to unfitness to plead, it was necessary to ensure very careful case management so that full information was provided to the court without delay.”
The Times, 21st August 2008
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.