How is a defendant assessed for insanity?

When evaluating insanity, the jury considers the defendant’s mental state at the time the crime was committed. If a jury finds a defendant to be insane (either GBMI-Guilty but Mentally Ill or NGRI-Not Guilty by Reason of Insanity), the defendant is typically admitted into a psychiatric hospital.

What happens when a defendant is successful in a plea of insanity?

A defendant claiming the defense is pleading “not guilty by reason of insanity” (NGRI) or “guilty but insane or mentally ill” in some jurisdictions which, if successful, may result in the defendant being committed to a psychiatric facility for an indeterminate period.

When a defendant is claiming insanity as a defense the trial?

The two elements of the M’Naghten insanity defense are the following: The defendant must be suffering from a mental defect or disease at the time of the crime. The defendant did not know the nature or quality of the criminal act he or she committed or that the act was wrong because of the mental defect or disease.

Can a defendant reject an insanity plea?

The law at the present time is fairly clear: the defendant does not have the right to refuse the insanity defense. Under the proper circumstances, his attorney can inject the defense against the defendant’s wishes, as can the court or the prosecution.

When is insanity relevant in a criminal case?

Insanity is only relevant at the time of the offence. A defendant must prove, on the balance of probabilities, he was insane at the time of the offence. There is a presumption of sanity, so the prosecution, if they wish to raise insanity, must prove a defendant insane beyond a reasonable doubt.

Can a judge make an order under the Insanity Act?

If, however, the jury are of the opinion that the actus reus was committed by the defendant, the judge may make an order under s.5 Criminal Procedure (Insanity) Act 1964. The trial under s.4A can not result in a criminal conviction and is therefore outside the scope of Art 6 ECHR.

Can a jury find a person unfit to plead under the Insanity Act?

A special jury is empanelled to decide if the defendant is unfit to plead under s.4 Criminal Procedure (Insanity) Act 1964. The jury can make a finding of unfitness to plead if, on a balance of probabilities, any one of six things that was beyond the appellant’s capabilities: (6) giving evidence in his own defence.

How is the defence of insanity unique in the UK?

The defence of insanity is unique in that it may be raised by the prosecution and judge in addition to the defence. Indeed, it is generally the defence seeking to avoid a finding of insanity and often the defendant will change a plea to guilty to avoid a finding of insanity .