Abstract
On 1 January 1992 the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 became law in England and Wales. Although there was no change to substantive common law on both the ‘insanity defence’ and unfitness to plead, the Act is important in that it allows the presiding judge wide discretion in disposing of the case.
This brief article will highlight the significant changes and report a case of a successful insanity defence under the new legislation and the immediate outcome.