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There is an over reliance on the external factor, which leads to abnormalities and therefore injustice. Epileptics, sleepwalkers are legally (not medically) insane which allows them to use this defence. Also, there is some doubt as to why a hyperglycaemic that kills will receive a hospital order and a hypoglycaemic killer can use the complete defence of automatism.

The fact that the defendant knew his actions were wrong is narrow and inappropriate. If the defendant knew the rules of the defence he may claim he did not know what he was doing was wrong. There is no irresistible impulse plea also.

The problems of insanity are reinforced by the fact that only a handful use the defence because of the stigma attached to it, many would find it daunting to be found 'insane'. The Criminal Procedure (Insanity and Unfitness to Plead) Act 1991, has tried to give courts various sentencing options. Those who use this defence for murder will be detained indefinitely in a hospital.

There is a criticism with the issuing of mental hospital orders, that defendants may actually become worse, due to the taking of medical drugs and being surrounded by other mentally ill patients. This will defeat the object of sending defendants to such places to rehabilitate them.

Desirability for change is high, yet the likelihood is low due to lengthy procedure, public reluctance and the priorities of Parliament. The Butler Committee (Cmnd 6244,1975) is the most significant report related to the reformation of the insanity defence. Th

etation of the rules.

Many defendants are concerned when the issue of insanity is raised, so they plead guilty, then appeal on the grounds that insanity should not have been raised. This is a large criticism of the defence as it leads to injustice. It is unlikely to change in the near future as insanity is viewed as a valid defence.

If the defendant faces a murder charge, the court must issue a hospital order. The defendant will be punished even when they are not guilty. This is unlikely to change for a number of reasons. Firstly changing existing legislation is a lengthy procedure. Secondly, this order is issued to protect the public and it is for policy reasons.

Insanity is not a medical definition but a legal definition, the committees believe it should be changed to mental disorder. This will allow mental illness, arrested or incomplete development of mind and psychopathic disorders.

The M'Naghten rules are criticised by Morris, an academic as a "woolly, semantically confused…nonsense." There is no need to clarify this defence as it may or may not allow a defendant who should not be acquitted to walk free.

There is an over reliance on the external factor, which leads to abnormalities and therefore injustice. Epileptics, sleepwalkers are legally (not medically) insane which allows them to use this defence. Also, there is some doubt as to why a hyperglycaemic that kills will receive a hospital order and a hypoglycaemic killer can use the complete defence of automatism.

The fact that the defendant knew his actions were wrong is narrow and inappropriate. If the defendant knew the rules of the defence he may claim he did not know what he was doing was wrong. There is no irresistible impulse plea also.

The problems of insanity are reinforced by the fact that only a handful use the defence because of the stigma attached to it, many would find it daunting to be found 'insane'. The Criminal Procedure (Insanity and Unfitness to Plead) Act 1991, has tried to give courts various sentencing options. Those who use this defence for murder will be detained indefinitely in a hospital.

There is a criticism with the issuing of mental hospital orders, that defendants may actually become worse, due to the taking of medical drugs and being surrounded by other mentally ill patients. This will defeat the object of sending defendants to such places to rehabilitate them.

Desirability for change is high, yet the likelihood is low due to lengthy procedure, public reluctance and the priorities of Parliament. The Butler Committee (Cmnd 6244,1975) is the most significant report related to the reformation of the insanity defence. T

easons.

Insanity is not a medical definition but a legal definition, the committees believe it should be changed to mental disorder. This will allow mental illness, arrested or incomplete development of mind and psychopathic disorders.

The M'Naghten rules are criticised by Morris, an academic as a "woolly, semantically confused…nonsense." There is no need to clarify this defence as it may or may not allow a defendant who should not be acquitted to walk free.

There is an over reliance on the external factor, which leads to abnormalities and therefore injustice. Epileptics, sleepwalkers are legally (not medically) insane which allows them to use this defence. Also, there is some doubt as to why a hyperglycaemic that kills will receive a hospital order and a hypoglycaemic killer can use the complete defence of automatism.

The fact that the defendant knew his actions were wrong is narrow and inappropriate. If the defendant knew the rules of the defence he may claim he did not know what he was doing was wrong. There is no irresistible impulse plea also.

The problems of insanity are reinforced by the fact that only a handful use the defence because of the stigma attached to it, many would find it daunting to be found 'insane'. The Criminal Procedure (Insanity and Unfitness to Plead) Act 1991, has tried to give courts various sentencing options. Those who use this defence for murder will be detained indefinitely in a hospital.

There is a criticism with the issuing of mental hospital orders, that defendants may actually become worse, due to the taking of medical drugs and being surrounded by other mentally ill patients. This will defeat the object of sending defendants to such places to rehabilitate them.

Desirability for change is high, yet the likelihood is low due to lengthy procedure, public reluctance and the priorities of Parliament. The Butler Committee (Cmnd 6244,1975) is the most significant report related to the reformation of the insanity defence. T

fence. Also, there is some doubt as to why a hyperglycaemic that kills will receive a hospital order and a hypoglycaemic killer can use the complete defence of automatism.

The fact that the defendant knew his actions were wrong is narrow and inappropriate. If the defendant knew the rules of the defence he may claim he did not know what he was doing was wrong. There is no irresistible impulse plea also.

The problems of insanity are reinforced by the fact that only a handful use the defence because of the stigma attached to it, many would find it daunting to be found 'insane'. The Criminal Procedure (Insanity and Unfitness to Plead) Act 1991, has tried to give courts various sentencing options. Those who use this defence for murder will be detained indefinitely in a hospital.

There is a criticism with the issuing of mental hospital orders, that defendants may actually become worse, due to the taking of medical drugs and being surrounded by other mentally ill patients. This will defeat the object of sending defendants to such places to rehabilitate them.

Desirability for change is high, yet the likelihood is low due to lengthy procedure, public reluctance and the priorities of Parliament. The Butler Committee (Cmnd 6244,1975) is the most significant report related to the reformation of the insanity defence. T

ve courts various sentencing options. Those who use this defence for murder will be detained indefinitely in a hospital.

There is a criticism with the issuing of mental hospital orders, that defendants may actually become worse, due to the taking of medical drugs and being surrounded by other mentally ill patients. This will defeat the object of sending defendants to such places to rehabilitate them.

Desirability for change is high, yet the likelihood is low due to lengthy procedure, public reluctance and the priorities of Parliament. The Butler Committee (Cmnd 6244,1975) is the most significant report related to the reformation of the insanity defence. The Butler proposals form the basis for the mental disorder provisions in the Law Commission's Draft Criminal Code. The Draft Code abandons the language of the M'Naghten Rules and uses terms such as 'mental disorder', 'severe mental illness' and 'severe mental handicap' which reflect medical terminology instead of legal terminology