Criminal responsibility ,Homicide

Criminal responsibility
· in England and Wales, it starts at the age of 10 - children under 10 are excluded
because they are deemed incapable of criminal intent
· in Scotland, it begins at the age of 8
· children between 10 and 14 do not have mens rea unless it can be proved otherwise
– this is termed Dolci incapax and means that criminal responsibility is partial
· after the age of 14, an individual is legally responsible for their actions unless caused
by:
· a mistake
· an accident
· duress
· necessity
· mental disorder
Homicide
· in England and Wales, it may be:
· lawful and justifiable (e.g. killing on behalf of the state)
· lawful and excusable
· unlawful – this is ‘the unlawful killing of any reasonable creature in being and
under the Queen’s peace, the death following within a year and a day’
· causing death by dangerous driving
Insanity in bar of trial
Fitness to plead
· English law requires that the defendant must be in a fit condition to defend himself
· the issue can only be decided by a jury
· if the accused is found unfit to plead and the charge is murder, an order is made
committing him to any hospital specified by the Home Secretary where he may be
detained without limit of time and can be discharged only at the discretion of the
Home Secretary
· in determining fitness to plead, it is necessary to determine how far the defendant
can:
1. understand the nature of the charge
2. understand the difference between pleading guilty and not guilty
3. instruct counsel
4. challenge jurors
5. examine a witness
6. follow the proceedings in court
Disposal of those deemed insane in bar of trial
· three stage process:
1. Determine whether or not insane in bar of trial (evidence from two doctors, one
approved)
2. Examination of facts:
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· as near as possible to an ordinary trial, but held in the presence of a sheriff or
judge alone
· if not satisfied beyond reasonable doubt, then acquitted
· if satisfied, then disposal
3. Disposal of insanity cases:
· hospital order +/- restrictions
· guardianship order
· new supervision and treatment order
· discharge with no order
· for murder, there is mandatory hospital and restriction orders