Insanity Definition

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GLOSSARY

What does Insanity mean?

The defence of insanity is defined by the 'M'Naghten Rules', which were formulated by judges in 1843 following the acquittal of Daniel M'Naghten (who, intending to kill Sir Robert Peel, killed his secretary by mistake),

An accused person must be acquitted (though in trial on indictment the same orders are available as on a verdict of unfitness to plead) if, at the time of committing the 'crime': a) because of a disease of the mind, he did not know the nature and quality of his act; or b) even if he did know the nature and quality of his act, because of a disease of the mind he did not know it was 'wrong'. The distinction between 'insanity' and 'non-insane automatism' is that, in relation to the latter, the impairment of consciousness causing physical involuntariness is the result of an external factor, eg a blow to the head.

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Serving notice to quit—Scotland—checklist

Serving notice to quit—Scotland—checklist This Checklist explains how notices to quit to stop tacit relocation operating in commercial leases in Scotland should be served, It considers who/which party may serve a notice to quit, when notice to quit must be given and the method of service of a notice to quit. It does not deal with notices to quit residential or agricultural property nor does it deal with specific protection for shop tenants under the Tenancy of Shops (Scotland) Act 1949 (see Practice Note: Protection for shop tenants). In Scotland, the doctrine of tacit relocation means that commercial leases will not terminate at the stated contractual expiry date, but rather be extended, unless either party serves a notice to quit in time to terminate at the contractual expiry date and this is followed up by acting on the notice or the tenant confirming in a separate document that it will vacate on the specified termination date. It is important that the notice to quit is both correctly drafted and correctly...

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The defence of insanity

What is the defence of insanity?Insanity is a common law defence to a criminal charge. A defence of insanity is available in both the magistrates' court and the Crown Court. At the heart of the rationale for the insanity defence is the principle that criminal punishment should only be imposed upon those who are responsible for their conduct. What constitutes insanity was debated until resolved by the rule in M'Naghten's Case. In that case, the defendant, Daniel M'Naghten shot and killed the secretary to the politician Sir Robert Peel, intending to kill Sir Robert. He was tried for murder but acquitted on the ground of insanity. High Court judges were subsequently required to answer questions in the House of Lords as to the law governing the defence of insanity. Their answers were reported, as if they constituted judgments and precedent, as the M'Naghten Rules and included the following key principle:‘[T]o establish a defence on the ground of insanity, it must be clearly proved that, at the time of the committing...

Notification requirements under the Sexual Offences Act 2003

Notification requirements under the Sexual Offences Act 2003 What are notification requirements? The notification requirements are a statutory scheme set out in Part 2 of the Sexual Offences Act 2003 (SOA 2003) to manage the risks posed by sex offenders living in the community. Notification requirements do not require any order or ruling by the court, rather they are applied automatically by statute when a person is convicted in circumstances falling within SOA 2003, s 80. As the requirements are imposed by statute, there is no appeal against the statutory application of the notification requirements. The scheme only applies to certain categories of offenders and is commonly referred to as the sex offenders' register, although there is no register as such. Offenders subject to the notification requirements are automatically required to notify certain information to the police on conviction or caution for a relevant sexual offence. The period of time an offender is required to comply with the requirements (the notification period) is dependent on how the offender was...

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PI & Clinical Negligence weekly highlights—18 April 2024

This week's edition of PI & Clinical Negligence weekly highlights includes news of the Civil Procedure Rules Committee draft amendments consultation, a High Court decision involving fundamental dishonesty and the announcement from HM Courts and Tribunals Service of compulsory mediation for small civil claims. In addition, we have our usual round-up of other cases and news.

PI & Clinical Negligence weekly highlights—22 February 2024

This week's edition of PI & Clinical Negligence weekly highlights includes a Court of Appeal decision on the defence of illegality in tortious claims, a High Court decision involving a road traffic accident ruling on liability and new research findings on mesothelioma treatment. In addition, we have our usual round-up of other news.

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