705.Section 168 introduces a new statutory defence to replace the common law defence of insanity. It does so by inserting a new section 51A into the Criminal Procedure (Scotland Act 1995 (“the 1995 Act”). It provides for a special defence in respect of persons who lack criminal responsibility by reason of their mental disorder at the time of the offence with which they are charged.
Criminal Justice and Licensing (Scotland) Act 2010
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- Acts of the Scottish Parliament
- 2010 asp 13
- Explanatory Notes
- Commentary on Sections
- Part 7
- Section 168
- 705 Section 168 introduces a new statutory defence to replace the common law defence of insanity. It does so by inserting a new section 51A into the Criminal Procedure (Scotland Act 1995 (“the 1995 Act”). It provides for a special defence in respect of persons who lack criminal responsibility by reason of their mental disorder at the time of the offence with which they are charged.
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