The defence of insanity


Published by a ³ÉÈËÓ°Òô Corporate Crime expert
Practice notes

The defence of insanity


Published by a ³ÉÈËÓ°Òô Corporate Crime expert

Practice notes
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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 of the act, the party accused was

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United Kingdom
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Key definition:
Defence definition
What does Defence mean?

The statement of case in which the defendant sets out the facts on which he relies in response to the particulars of claim.

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