Abstract

The defence of insanity has been in existence for centuries, but it underwent a significant reformulation in English law in the first half of the 19th century. Since that time it has remained largely unchanged. Since its inception, expert evidence in these cases has primarily been the domain of medicine. In spite of this, more recently psychology has been gaining acceptance in this field of mental health and law. Victorian legislation allows for the assessment of mental impairment to be undertaken by psychologists but some courts have been trepidatious in allowing it. The aim of this article is to outline the role that psychologists can and do play in the evaluation of those who plead that they are not criminally responsible on account of mental disorder.

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