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Diminished responsibility in Scotland: new technology and old legal definitions

  • Mary Stewart (a1)
Extract

The following recent murder trial at a Scottish High Court raises some points of interest to all UK psychiatrists in relation to the use of brain imaging test results as psychiatric evidence and their relevance to the question of diminished responsibility. It should be noted that in Scotland diminished responsibility has a much narrower scope than that encountered in the England and Wales (Chiswick, 1991) and is dependent upon the presence of a “mental disorder or a mental illness or disease” (Connelly v HMA 1990).

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Copyright
This is an Open Access article, distributed under the terms of the Creative Commons Attribution (CC-BY) license (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted re-use, distribution, and reproduction in any medium, provided the original work is properly cited.
References
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Chiswick, D. (1991) Chapter IV:10. Criminal Responsibility in Scotland. In Principles and Practice of Forensic Psychiatry, p 313318. Edinburgh: Churchill Livingstone.
Gane, C. H. W. & Stoddard, C. N. (1988) A Casebook on Scottish Criminal Law. Edinburgh: Green.
Matthews, R. (1992) It was the lobes, m'lud. Sunday Telegraph Review, Aug. 9, viii.
Cases referred to:
R v Byrne 1960 Criminal Appeal Reports 44 p 246255.
HM Advocate v Savage 1923 (Lord Justice-Clerk Alness) JC 49; 1923 Scots Law Times p 659661.
Carracher v HMA 1946 (Appeal) Lord Justice-General Normand JC108; 1946 Scots Law Times p 225227.
Connelly v HMA 1990 (Appeal) Lord Justice-General Hope Scottish Criminal Case Reports p 504510.
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BJPsych Bulletin
  • ISSN: 0955-6036
  • EISSN: 1472-1473
  • URL: /core/journals/bjpsych-bulletin
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Diminished responsibility in Scotland: new technology and old legal definitions

  • Mary Stewart (a1)
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