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→Mental illness and the law: New UK MHA 2007.
The mental health community does not recognize or utilise the term "insane" or 'insanity", yet is called upon to give expert opinion as such in capital criminal cases where the life of a defendant is at stake. This is because the terms "insane" and "insanity", whilst written into the law in ''some'' countries, are not defined ''in'' or ''by'' the law. It is for mental health professionals to determine whether an individual is mentally unwell or not; the courts' role is to take the opinions of those professionals into account when deciding on an appropriate disposal for the defendant, which can include prison or detention in hospital under local mental health legislation.
The mental health community does not recognize or utilise the term "insane" or 'insanity", yet is called upon to give expert opinion as such in capital criminal cases where the life of a defendant is at stake. This is because the terms "insane" and "insanity", whilst written into the law in ''some'' countries, are not defined ''in'' or ''by'' the law. It is for mental health professionals to determine whether an individual is mentally unwell or not; the courts' role is to take the opinions of those professionals into account when deciding on an appropriate disposal for the defendant, which can include prison or detention in hospital under local mental health legislation.
In the UK, a defendant can be placed in a mental health hospital (under the Mental Health Act 1983) if the opinions of mental health professionals agree that the person requires such care and treatment. The most dangerous of defendants who are mentally unwell can be made subject to Part IV of the MHA 1983, which includes provision for detention in hospital without limit of time.
In the UK, a defendant can be placed in a mental health hospital (under the Mental Health Act 2007) if the opinions of mental health professionals agree that the person requires such care and treatment. The most dangerous of defendants who are mentally unwell can be made subject to Part IV of the MHA 2007, which includes provision for detention in hospital without limit of time.
Many courts apply the M'Naghten Rules as to whether the defendant was, at the time of the index offence, capable of knowing that what they were doing was wrong.
Many courts apply the M'Naghten Rules as to whether the defendant was, at the time of the index offence, capable of knowing that what they were doing was wrong.