In recent years, the procedures and criteria by which defendants are found unfit to plead or not guilty by reason of insanity (the special verdict) have come in for frequent criticism. Under the Criminal Procedure (Insanity) Act 1964 the automatic consequence of a finding of unfitness to plead or a special verdict has been that the defendant is made subject to a hospital order with restrictions without limit of time under sections 37 and 41 of the Mental Health Act 1983. The effect of a restriction order is that the patient may be detained indefinitely, and may only be discharged by the Home Secretary or a Mental Health Review Tribunal (MHRT). Hence, a defendant found unfit to plead under the 1964 Act lost his right to be tried and faced potentially indefinite detention in hospital for a crime which he might not have committed.l Two cases highlighted the potential injustices. The first was that of Glenn Pearson, a tnentally handicapped man who was found unfit to plead to an indictment of stealing three light bulbs and five pounds. He was ordered to be detained under a restriction order at a mental handicap hospital. His appeal against his detention was heard by a MHRT after three months. His discharge was ordered by the tribunal because, although mentally handicapped, he was not suffering from mental impairment, which requires abnormally aggressive or seriously irresponsible conduct.2 Because a tribunal has a duty to discharge a patient who is not suffering from mental disorder within the meaning of the Mental Health Act 1983, Glenn Pearson was discharged to his home.3 The second case was that of Valerie Hodgson who is mentally handicapped and lived with her father. One morning she found her father's body. He had been stabbed in the chest. During interviews with the police, she confessed to the murder. She was found unfit to plead and was detained in a secure hospital. Fourteen months later, new evidence emerged, and her nephew was convicted of the murder. The insanity defence lost its attraction after the introduction of the plea of diluinished responsibility to murder,4 and because under the 1964 Act the automtic consequence of a special verdict was the imposition of a hospital order without limit of time.5 Defendants were therefore unlikely to raise the defence. In fact, the
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