Part 2Criminal offences
Chapter 1Murder, infanticide and suicide
Partial defence to murder: diminished responsibility
I152Persons suffering from diminished responsibility (England and Wales)
1
In section 2 of the Homicide Act 1957 (c. 11) (persons suffering from diminished responsibility), for subsection (1) substitute—
1
A person (“D”) who kills or is a party to the killing of another is not to be convicted of murder if D was suffering from an abnormality of mental functioning which—
a
arose from a recognised medical condition,
b
substantially impaired D's ability to do one or more of the things mentioned in subsection (1A), and
c
provides an explanation for D's acts and omissions in doing or being a party to the killing.
1A
Those things are—
a
to understand the nature of D's conduct;
b
to form a rational judgment;
c
to exercise self-control.
1B
For the purposes of subsection (1)(c), an abnormality of mental functioning provides an explanation for D's conduct if it causes, or is a significant contributory factor in causing, D to carry out that conduct.
2
In section 6 of the Criminal Procedure (Insanity) Act 1964 (c. 84)
(evidence by prosecution of insanity or diminished responsibility), in paragraph (b) for “mind” substitute “
mental functioning
”
.