Valid from 25/06/2012
[F151ACriminal responsibility of persons with mental disorderS
(1)A person is not criminally responsible for conduct constituting an offence, and is to be acquitted of the offence, if the person was at the time of the conduct unable by reason of mental disorder to appreciate the nature or wrongfulness of the conduct.
(2)But a person does not lack criminal responsibility for such conduct if the mental disorder in question consists only of a personality disorder which is characterised solely or principally by abnormally aggressive or seriously irresponsible conduct.
(3)The defence set out in subsection (1) is a special defence.
(4)The special defence may be stated only by the person charged with the offence and it is for that person to establish it on the balance of probabilities.
(5)In this section, “conduct” includes acts and omissions.]