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Criminal

Diminished responsibility: expert evidence

Guide to diminished responsibility in murder cases: the statutory test and the psychiatric evidence required.

The partial defence

Diminished responsibility is a partial defence to murder which, if successful, reduces the conviction to manslaughter. It is set out in section 2 of the Homicide Act 1957, as amended by the Coroners and Justice Act 2009.

The statutory elements

  • An abnormality of mental functioning
  • Arising from a recognised medical condition
  • Which substantially impaired the defendant’s ability to understand their conduct, form a rational judgment or exercise self-control
  • And provides an explanation for the killing

The expert evidence

Psychiatric evidence is essential. The expert addresses diagnosis, the defendant’s mental functioning at the time, and the extent of any impairment. Consultant forensic psychiatrists are usually instructed.

General information for solicitors. Not legal advice.

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