Part 7 of the Bill - Mental disorder and unfitness for trial
The provisions modernise the law in the area of mental disorders in criminal proceedings. We are taking forward legislative changes recommended by the Scottish Law Commission (SLC) in their "Report on Insanity and Diminished Responsibility" report published in 2004. Their report was drafted following Scottish Ministers giving the SLC the following remit:
"To consider-
- the tests to establish insanity (either as a defence or as a plea in bar of trial) and the plea of diminished responsibility; and
- issues of the law of evidence and procedure involved in raising and establishing insanity and diminished responsibility; and
- To make recommendations for reform, if so advised; and
- Consequent upon any recommendations for reform, to consider what changes, if any, should be made to the powers of the courts to deal with persons in respect of whom insanity (either as a defence or as a plea in bar of trial) or diminished responsibility has been established."
Pages 12-13 of the SLC report outlines how the law is being modernised.