p. 2776. Defences of incapacity and mental conditions
- Janet Loveless,
- Mischa Allen
- , and Caroline Derry
Abstract
This chapter examines the use of incapacity and mental condition defences for criminal offences in England and Wales. It discusses the general principles of the excusatory defence of insanity and of automatism as distinct from diminished responsibility and explores the notion that insanity is out of date and unrelated to contemporary classifications of mental illness. It considers whether insanity can be pleaded for all crimes and explains that intoxication will rarely reduce criminal liability. It explains and clarifies the Majewski rule and how it works. It also considers intoxicated mistake. The chapter evaluates arguments for and against the age of criminal responsibility and analyses court decisions in relevant cases.
