Ongoing controversy about insanity defence spawns new text

On 24 February 2023, a new text The Insanity Defence: International and Comparative Perspectives, edited by Professors Ronnie Mackay and Warren Brookbanks, was launched in the Bingham Room, Gray’s Inn, London.

In her opening remarks, Baroness Brenda Hale of Richmond spoke of the ongoing controversy surrounding the M’Naghten Rules and so-far fruitless attempts at reform by the England and Wales Law Commission.

Baroness Hale spoke of the negative press the insanity defence has received in countries like the USA, after John Hinckley’s acquittal, and in Norway, following the conviction of Anders Breivik for killing 77 people in Oslo in 2011. She said the defence has also provoked political interference in some jurisdictions, noting New Zealand’s recent amendment of the insanity verdict.

Baroness Hale praised the broad, international scope of the book and said she hoped it would lend weight to law reform in jurisdictions where insanity is under the spotlight.

In his supporting comments, Professor Andrew Ashworth spoke of Mackay’s status as the leading authority on mental state defences in the UK and the immense contribution he has made to scholarship in this area.

Although Mackay has not yet succeeded in changing the insanity defence rules in the UK, his efforts had achieved some success in other jurisdictions, notably the Channel Island of Jersey, where his recommended version of exculpatory insanity has now been formally incorporated into Jersey law.

The editors say they hope the new text will encourage discussion and debate about the insanity defence in jurisdictions where difficult issues of the scope and definition and relevant disposal options are unresolved.

The book launch was linked to an event organised by the Montfort University of Leicester to celebrate Mackay’s 50 years of teaching and service and his unrivalled contribution to the development of mental health law in the UK.

The new text is the sequel to Mackay and Brookbanks (eds) Fitness to Plead: International and Comparative Perspectives (OUP, 2017). ■