http://www.legislation.gov.uk/asp/2010/13/notes/paragraph/705Courts of lawCouncil policies and plansPrisonsExplanatory Notes to Criminal Justice and Licensing (Scotland) Act 2010Scottish GovernmentKing's Printer for Scotland2020-03-10
<Citation URI="http://www.legislation.gov.uk/id/asp/2010/13" id="c00001" Class="ScottishAct" Year="2010" Number="0013">Criminal Justice and Licensing (Scotland) Act 2010</Citation>
13
6 August 2010
Commentary on Sections<CitationSubRef id="c00834" URI="http://www.legislation.gov.uk/id/asp/2010/13/part/7" CitationRef="c00001" SectionRef="part-7">Part 7</CitationSubRef> - Mental Disorder and Unfitness for Trial<CitationSubRef id="c00836" URI="http://www.legislation.gov.uk/id/asp/2010/13/section/168" CitationRef="c00001" SectionRef="section-168">Section 168</CitationSubRef> - Criminal responsibility of persons with mental disorder705
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.