No versions valid at: 01/08/1997
Point in time view as at 01/08/1997. This version of this cross heading contains provisions that are not valid for this point in time.
Criminal Procedure (Scotland) Act 1995, Cross Heading: Criminal responsibility of mentally disordered persons is up to date with all changes known to be in force on or before 04 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Valid from 25/06/2012
Textual Amendments
(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.]
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