An Insane Way to Behave? Sources of Confusion Under the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991

Abstract

A case is reported under the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991, where a finding of unfitness to plead was made incorrectly and unintentionally; where this was followed by a successful plea of not guilty by reason of insanity on the basis of little medical evidence, and where the court confused the CP(I)A 1991 with the Mental Health Act 1983. The issues raised are discussed and their implications considered and explored.

Key Words:

• Criminal Procedure (Insanity and Unfitness to Plead) Act 1991
• unfitness to plead
• insanity defence
• McNaughton Rules