Abstract

Abstract Historians will wonder why the so-called McNaughtan Rules remained in force for 150 years or more in spite of their well-known defects. The answer is complex. Non-historians may wonder whether we need an insanity defence nowadays, in view of the available alternatives. Perhaps we do not; but the Butler Committee's remedy was less radical, and although it has not been enacted an improved version of it is embodied in the Law Commission's Criminal Code. It seems unlikely, however, to reach the statute-book without the initiative of a private member's bill.

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