... the charge should be murder as is currently the case. The Criminal Law Revision Committee have endorsed the Butler Committee's recommendation, being of the opinion that the mental condition of a disturbed person is not likely to be improved by having a charge of murder outstanding. They also felt that it cannot be right that charges should be preferred in the most solemn way known to the law, i.e. on indictment, when the prosecution know that there is a defence to the charge which is likely to succeed. In this the Criminal Law Revision Committee had the support of several prominent public bodies. This recommendation ... of the issue of burden of proof in relation to the defences of insanity and diminished responsibility. The Criminal Law Revision Committee also felt that the prosecution should bear the burden of disproving insanity and diminished responsibility. They felt that, however happy lawyers may be with the difference between being sure and being satisfied on the balance of probabilities (adding "if indeed any are"), juries are probably confused by these subtleties and by the different placing of the burden of proof for different offences. The Criminal Law Revision Committee expressed their confidence in the judges to ensure that defences which have no proper basis on the ...
Tags: diminished responsibility | criminal law revision | law revision | responsibility satisfactory | mens rea |