Modernise the law on mental health and criminal responsibility

Modernise the law on mental health and criminal responsibility — 24 signatures. Status: open.

Petition background

Review and reform the law on criminal responsibility in England and Wales so courts can consider whether a recognised mental, developmental, neurological or personality disorder substantially impaired a defendant’s rational judgment, understanding or behavioural control.

Additional details

The current insanity rules date from 1843 and lag behind modern psychiatric understanding. Although prosecutors can consider mental health when deciding whether prosecution is in the public interest, we want a stronger statutory framework requiring relevant expert evidence to be considered before prosecution and, where a case proceeds, when determining criminal responsibility, not only at sentencing. Diagnosis alone should not be an automatic defence.

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