Three cases are reported, two of alleged murder and one of alleged manslaughter, where the defendant was found ‘under disability in relation to trial’.
In each there was reason to doubt the fairness, from the psychiatric point of view, of this decision. These cases illustrate the need to adopt the recommendations of the Butler Report (HMSO, 1975) that in every case where the defendant is found to be ‘under disability’ there should be a trial of the facts and that the court should have wider powers of disposal in such cases.
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References
1.
HMSO (1988) Criminal Statistics, England and Wales 1987, Cmnd 498, 72–3
2.
HMSO (1975) Report of the Committee on Mentally Abnormal Offenders. Cmnd 6244, 143–60
3.
WHO (1977) International Classification of Diseases — 9th Revision. Published by WHO, Geneva.
