CRIMINAL JUSTICE ACT (NORTHERN IRELAND) 1966

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CRIMINAL JUSTICE ACT (NORTHERN IRELAND) 1966 - SECT 5



5.(1) Where a person charged with murder has killed or was a party to the
killing of another, and it appears to the jury that he was suffering from
mental abnormality which substantially impaired his mental responsibility for
his acts and omissions in doing or being a party to the killing, the jury
shall find him not guilty of murder but shall find him guilty (whether as
principal or accessory) of manslaughter.

(2) Where a person is found guilty of manslaughter under subsection (1), the
powers of the court to make a hospital order under section 48(1) of the Act of
1961 may be exercised as if the condition required by paragraph (a) of that
subsection were fully satisfied and as if in subsection (4) of that section
the words from "and such an order" to the end of the subsection were omitted
therefrom; and where any such hospital order is made, the court shall make an
order under section 53 of that Act restricting the discharge of that person as
if subsection (2) of the said section 53 did not apply to him, but nothing in
this section shall restrict the powers of the court to sentence that person
for the offence of manslaughter of which he is found guilty.

(3) On a charge of murder, it shall be for the defence to prove that the
person charged is by virtue of this section not liable to be convicted of
murder; but the prosecution, with the leave of the court, may assume the
burden of such proof and proceed accordingly subject to any directions which
may be given by the court as to the stage of the proceedings at which the
prosecution may adduce or elicit evidence tending to such proof.

(4) Proof shall be sufficient to reduce, under this section, a verdict of
murder to one of manslaughter if it satisfies the jury that, on the balance of
probabilities, the accused was suffering from mental abnormality of the kind
referred to in subsection (1).

(5) Where on a charge of murder the jury reject the plea that the person
charged was an insane person, they may find him to be a person suffering from
mental abnormality of the kind referred to in subsection (1).

(6) The fact that one party to a killing is by virtue of this section not
liable to be convicted of murder shall not affect the question whether the
killing amounted to murder in the case of any other party to it.

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Northern Irish Legislation

CRIMINAL JUSTICE ACT (NORTHERN IRELAND) 1966 - SECT 5