Trial of Lunatics Act 1883
- England and Wales
- Ireland
The Trial of Lunatics Act 1883 (46 & 47 Vict. c. 38) is an act of the Parliament of the United Kingdom, allowing the jury to return a verdict that the defendant was guilty, but insane at the time, and should be kept in custody as a "criminal lunatic".[1] This act was passed at the request of Queen Victoria, who, the target of frequent attacks by mentally ill individuals, demanded that the verdict be changed from "not guilty" so as to act as a deterrent to other lunatics; the phrasing of "guilty of the act or omission charged, but insane so as not to be responsible, according to law, for his actions" remained in use until the Criminal Procedure (Insanity) Act 1964.[2]
It was cited in 1991 in the case of R v Burgess regarding the automatism defence.[3]
The form of special verdict provided for by this act was commonly known as guilty but insane. This expression was not an accurate description of that verdict.[4]
See also
- Criminal Lunatics Act 1800
- Insanity in English law
References
- ^ Crotty, Homer D. (1924). "The History of Insanity as a Defence to Crime in English Criminal Law". California Law Review. 12 (2). University of California, Berkeley School of Law: 120. ISSN 0008-1221.
- ^ White, Stephen (1985). "The Insanity Defense in England and Wales Since 1843". Annals of the American Academy of Political and Social Science. 477. American Academy of Political and Social Science: 45. doi:10.1177/0002716285477001005. ISSN 0002-7162.
- ^ "Criminal law; insanity -- R v Burgess". Law Society Gazette. 22 May 1991. Archived from the original on 18 March 2012. Retrieved 18 July 2011.
- ^ The Royal Commission on Capital Punishment (1949–1953). Report. Cmd 8932. HMSO. 1953. Paragraph 458 at page 157.
External links
- Text of the Trial of Lunatics Act 1883
- v
- t
- e
- Indictable
- Either way
- Summary
- Regulatory (lowered mens rea)
- Statutory
- Common law
- Actus reus
- Causation
- Mens rea
- Intention (criminal law)
- Intention in English law
- Recklessness
- Criminal negligence
- Corporate / Vicarious / Strict liability
- Omissions
- Self-defence
- Duress
- Necessity
- Loss of control
- Consent
- inc. participation in a sporting event
- Medical procedures
- Prevention of crime
- Lawful excuse
- Insanity
- Diminished responsibility
- Intoxication
- Category:Criminal defences
the person
- Homicide (Murder / Manslaughter / Corporate manslaughter / Infanticide)
- Unlawful killing
- Child destruction
- Concealment of birth
- Wounding or causing grievous bodily harm
- Assault occasioning actual bodily harm
- Common assault
- Attempting to choke, &c. in order to commit any indictable offence
- Assault with intent to rob
- Robbery
- Assault with intent to rape
- Assault with intent to resist lawful apprehension
- Assaulting a constable in the execution of his duty
- Battery
- Kidnapping
- Child abduction
- False imprisonment
- Harassment
- Offences Against the Person Act 1861
- Treason
- Riot
- Violent disorder
- Affray
- Unlawful assembly
- Fear or provocation of violence
- Harassment, alarm or distress
- Public Order Act 1986
- Incitement to ethnic or racial hatred
- Nuisance
- Causing Public nuisance
- Outraging public decency
- Effecting a public mischief
- Keeping a disorderly house
- Preventing the lawful burial of a body
- Breach of the peace
- Rout
- Forcible entry
- Accessory (legal term)
- Misconduct in a public office
- Misfeasance in public office
- Abuse of authority
- Perjury of oath
- Dereliction of duty
- Arson
- Dishonesty
- Cheating (law)
- Burglary
- Robbery
- Theft
- Criminal damage
- Squatting
- Trespass
- Taking without owner's consent
- Deception
- Handling stolen goods
- Misappropriation of funds
- Blackmail
- Extortion
- Cybercrime
- Theft Act 1968
- Theft Act 1978
- Fraud Act 2006
- Fraud by abuse of position
- Conspiracy to defraud
- Fare evasion
- Webcam blackmail
and cheating
- Bribery
- Perjury
- Perverting the course of justice
- Witness intimidation
- Witness tampering
- Misprision of treason
- Jury tampering
- Assault with intent to resist lawful apprehension
- Assaulting a constable in the execution of his duty
- Harboring a fugitive
- Encouraging or assisting a crime
- Escape from lawful custody
- Obstruction of justice
- Obstruction of a police officer
- Wasting police time
- Refusing to assist a constable
- Sedition
- Espionage
- Contempt of court
- Fabrication of false evidence
- Rescuing a prisoner
- Contract
- Tort
- Property
- Wills
- Trusts and estates
- Evidence
- Criminal procedure
- English law portal
- For obsolete aspects see History of English criminal law table
This legislation in the United Kingdom, or its constituent jurisdictions, article is a stub. You can help Wikipedia by expanding it. |
- v
- t
- e