Defences all definitions

Insanity definition

A capacity defence. According to the M'Naghten Rules, this requires the defendant to have a defect of reason due to a disease of the mind so that they did not know the nature and quality of their act or did not know that what they were doing is wrong. A successful plea results in a special verdict

Intoxication definition

A capacity defence. The defendant is so intoxicated by drink, alcohol, or other substance that they were incapable of forming the mens rea of a crime. The nature of the crime, specific intent, or basic intent and whether the offence was voluntary or involuntary determines the outcome of this defence being raised. This is a common law defence.

Duress definition

A defence to most crimes, but not to murder or attempted murder. This defence applies when someone commits a crime because they were threatened with death or serious injury, either by threats or due to circumstances. If the defence of duress is successful, it negates the actus reus because the defendant's actions are considered lawful under the circumstances and the defendant is acquitted.

Diminished Responsibility

A partial defence to murder that can reduce the defendant's conviction to voluntary manslaughter, s2(1) Homicide Act 1957 as amended by the Coroners

Loss of Control

A partial defence to murder that can reduce the defendant's conviction to voluntary manslaughter. The defendant needs to have lost self-control due to a qualifying trigger (fear and/or anger) and a person with a normal degree of tolerance would have reacted in a similar manner, s54 Coroners and Justice Act 2009.

Self Defence

A common law defence to all crimes where it is necessary for the defendant to defend themself or another person by using force and the force that was used was reasonable. If successful, the defence negates the actus reus as the use of force will be lawful and so the defendant would be acquitted.