Which statute widened the disposals available after a finding of insanity?

The Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 gave courts a range of disposals in place of automatic committal. The Domestic Violence, Crime and Victims Act 2004 amended the provisions further.

What disposal must be made where the charge was murder?

A hospital order with a restriction order must be made where the offence charged was murder. The judge has no discretion in that case.

What is a restriction order?

A restriction order prevents discharge from hospital without the consent of the Secretary of State. The order may be made without limit of time.

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Criminal Law: Capacity Defences

The special verdict and disposal after insanity

3 things to know
Components 2 and 3

Overview

Three disposals available after a special verdict, restriction order and unfitness to plead.

What you need to know

Answer each one before you reveal it.

Your recallNot started

Key term

What verdict follows a successful plea of insanity?

Numbers

Which statute provides for the special verdict?

Numbers

Name the three disposals available after a special verdict.

Questions from this subtopic

Each one with the model answer underneath.

1
What verdict follows a successful plea of insanity?
Model answer
A successful plea produces the special verdict of not guilty by reason of insanity. The verdict is a form of acquittal rather than a conviction.
2
Which statute provides for the special verdict?
Model answer
Section 2 of the Trial of Lunatics Act 1883 provides for the special verdict. Later statutes have altered the disposals available after that verdict.
3
Name the three disposals available after a special verdict.
Model answer
The court may make a hospital order, a supervision order or an order for absolute discharge. Section 5 of the Criminal Procedure (Insanity) Act 1964 sets out the options.
4
Which statute widened the disposals available after a finding of insanity?
Model answer
The Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 gave courts a range of disposals in place of automatic committal. The Domestic Violence, Crime and Victims Act 2004 amended the provisions further.
5
What disposal must be made where the charge was murder?
Model answer
A hospital order with a restriction order must be made where the offence charged was murder. The judge has no discretion in that case.
6
What is a restriction order?
Model answer
A restriction order prevents discharge from hospital without the consent of the Secretary of State. The order may be made without limit of time.

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