Criminal Lunatics Act 1800
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Criminal Lunatics Act 1800
The Criminal Lunatics Act 1800 (39 & 40 Geo 3 c 94) was an Act of the Parliament of Great Britain that required and established a set procedure for the indefinite detention of mentally ill offenders. It was passed through the House of Commons in direct reaction to the trial of James Hadfield, who attempted to assassinate King George III.Roberts, Andrew (1981)Mental Health History Dictionary Middlesex University. Background Before 1800, if a defendant was acquitted on the grounds of insanity, he was simply allowed to go free because there was no law in place that allowed the government to detain him. If the judge presiding over the case thought that it would be dangerous to release the defendant and wanted him detained, a separate civil commitment hearing had to be held before the person could be incarcerated. In some cases, the authorities were able to use the Vagrancy Act of 1744 to confine criminals, but in the majority of cases the defendants were sent home or put into t ...
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Short Title
In certain jurisdictions, including the United Kingdom and other Westminster-influenced jurisdictions (such as Canada or Australia), as well as the United States and the Philippines, primary legislation has both a short title and a long title. The long title (properly, the title in some jurisdictions) is the formal title appearing at the head of a statute (such as an act of Parliament or of Congress) or other legislative instrument. The long title is intended to provide a summarised description of the purpose or scope of the instrument. Like other descriptive components of an act (such as the preamble, section headings, side notes, and short title), the long title seldom affects the operative provisions of an act, except where the operative provisions are unclear or ambiguous and the long title provides a clear statement of the legislature's intention. The short title is the formal name by which legislation may by law be cited. It contrasts with the long title which, while usual ...
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Treason Act 1800
The Treason Act 1800 (39 & 40 Geo.3 c.93) was an Act of Parliament, Act of the Parliament of Great Britain, Parliament of the Kingdom of Great Britain. It assimilated the procedure on trials for treason and misprision of treason to the procedure on trials for murder in certain cases. It was passed as a result of an List of people who survived assassination attempts, attempt on the life of George III of the United Kingdom, George III by James Hadfield earlier that year. The Criminal Lunatics Act 1800 was passed at the same time. The Act provided that in all cases of high treason which consisted of compassing or imagining the death of the king, or of misprision of that species of high treason, where the overt act (or acts) of that species of high treason alleged in the indictment for that offence was the assassination or killing of the King, or a direct attempt against his life, or a direct attempt against his person whereby his life might be endangered or his person might suffer bod ...
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The Statutes Revised
A revised edition of the statutes is an edition of the Revised Statutes in the United Kingdom (there being more than one edition). These editions are published by authority. In 1861 the Parliament of the United Kingdom passed the first of a long series of Statute Law Revision Acts. The most important action, was the nomination of Statute Law Committee by Lord Chancellor Cairns in 1868, the practical result of which was the issuing of the first edition of the Revised Statutes in eighteen volumes, bringing the revision of statute law down to 1886. The third edition of ''The Statutes Revised'' was published by HMSO in 1950. The fourth revised edition of the statutes was called '' Statutes in Force''. The Statute Law Committee was appointed for the purpose of superintending the publication of the first revised edition of the statutes. For the purpose of citation "Statutes Revised" may be abbreviated to "Rev Stat". Section 3 of the Statute Law Revision Act 1948 now provides: ...
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Criminal Lunatics (Ireland) Act 1838
The Criminal Lunatics (Ireland) Act 1838 ( 1 & 2 Vict. c. 27) was an Act of Parliament in the United Kingdom, signed into law on 11 June 1838. It was one of the Lunacy (Ireland) Acts 1821 to 1890.The Short Titles Act 1896, section 2(1) and Schedule 2 Provisions The Act provided that when a person was detained under circumstances suggesting that they were of deranged mind and had the intention of committing a crime, then two justices were empowered to call in a physician to examine the suspect. If the physician determined that the person was a "dangerous lunatic" he could be committed to gaol, until either discharged by order of two justices or removed to a lunatic asylum by order of the Lord Lieutenant. Role of Lord Lieutenant The Lord Lieutenant was given the power to direct persons under a sentence of imprisonment or transportation be placed in a lunatic asylum, to remain there until certified of sound mind by two physicians, when the Lord Lieutenant could direct their remov ...
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Treason Act 1541
The Treason Act 1541 (33 Hen.8 c.20) was an Act of the Parliament of England passed in 1542 (acts of Parliament were backdated to the year in which the session of Parliament had begun, rather than the year in which the Act was actually passed). It provided for the trial and punishment of lunatics for high treason. The reason given for passing the Act was given by the Act itself, which stated "it is a thing almost impossible certainly to judge" whether a defendant's madness was real or feigned. Provisions of the Act Section I of the Act provided for the trial of a person who committed treason "when they were in good, whole and perfect memory, and after their accusation, examination and confession thereof before any fthe King's majesty's council, shall happen to fall to madness or lunacy". If it appeared to at least four of the council that the defendant was sane at the time of their offence and at their "accusation, examination and confession," then a commission was to investigate ...
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Mental Health Law
Mental health law includes a wide variety of legal topics and pertain to people with a diagnosis or possible diagnosis of a mental health condition, and to those involved in managing or treating such people. Laws that relate to mental health include: *employment laws, including laws that prohibit employment discrimination on the basis of a mental health condition, require reasonable accommodations in the workplace, and provide mental health-related leave; *insurance laws, including laws governing mental health coverage by medical insurance plans, disability insurance, workers compensation, and Social Security Disability Insurance; *housing laws, including housing discrimination and zoning; *education laws, including laws that prohibit discrimination, and laws that require reasonable accommodations, equal access to programs and services, and free appropriate public education; *laws that provide a right to treatment; *involuntary commitment and guardianship laws; *laws governi ...
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Statute Law Revision Act 1948
The Statute Law Revision Act 1948 is an Act of the Parliament of the United Kingdom. Section 5(3) of the Statute Law Revision Act 1950 provided that this Act, so far as it repealed chapter 34 of the Statute of Westminster 1285 (13 Edw. 1 St. 1 c. 34), was to be deemed not to have extended to Northern Ireland. Section 1: Enactments in schedule repealed This section provided, amongst other things, that the enactments described in Schedule 1 to this Act were repealed, subject to the provisions of this Act and subject to the exceptions and qualifications in that Schedule. This section was repealed by Group 1 oPart XVIof Schedule 1 to the Statute Law (Repeals) Act 1993. The enactments which were repealed (whether for the whole or any part of the United Kingdom) by this Act were repealed so far as they extended to the Isle of Man on 25 July 1991. Section 2: Application of repealed enactments in local courts The words "to the court of the county palatine of Lancaster or" in this s ...
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Trial Of Lunatics Act 1883
The Trial of Lunatics Act 1883 is an Act of the Parliament of the United Kingdom, allowing the jury to return a verdict that the defendant was guilty, but insane at the time, and should be kept in custody as a " criminal lunatic". This Act was passed at the request of Queen Victoria, who, the target of frequent attacks by mentally ill individuals, demanded that the verdict be changed from "not guilty" so as to act as a deterrent to other lunatics; the phrasing of "guilty of the act or omission charged, but insane so as not to be responsible, according to law, for his actions" remained in use until the Criminal Procedure (Insanity) Act 1964. It was cited in 1991 in the case of ''R v Burgess'' regarding the automatism defence. The form of special verdict provided for by this Act was commonly known as guilty but insane. This expression was not an accurate description of that verdict.The Royal Commission on Capital Punishment (1949–1953). Report. Cmd 8932. HMSO. 1953. Paragraph 4 ...
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Mental Health Act 1983
The Mental Health Act 1983 (c.20) is an Act of the Parliament of the United Kingdom. It covers the reception, care and treatment of mentally disordered people, the management of their property and other related matters, forming part of the mental health law for the people in England and Wales. In particular, it provides the legislation by which people diagnosed with a mental disorder can be detained in a hospital or police custody and have their disorder assessed or treated against their wishes, informally known as "sectioning". Its use is reviewed and regulated by the Care Quality Commission. The Act was significantly amended by the Mental Health Act 2007. A white paper proposing changes to the act was published in 2021 following an independent review of the act by Simon Wessely. History The Madhouses Act 1774 created a Commission of the Royal College of Physicians with powers to grant licences to premises housing "lunatics" in London; justices of the peace were given thes ...
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Statute Law (Repeals) Act 1981
The Statute Law (Repeals) Act 1981 (c 19) is an Act of the Parliament of the United Kingdom. This Act was partly in force in Great Britain at the end of 2010.The Chronological Table of the Statutes, 1235 - 2010. The Stationery Office. 2011. . Part II. Page 1515, read with pages viii and x of Part I. Section 2 Orders under this section The power conferred by section 2(3) was exercised by the Statute Law Repeals (Isle of Man) Order 1984 (SI 1984/1692). Schedule 2 Paragraph 4 was repealed by section 1(1) of, and Group 4 of Part 1 of Schedule 1 to, the Statute Law (Repeals) Act 2008. See also *Statute Law (Repeals) Act References *Halsbury's Statutes ''Halsbury's Statutes of England and Wales'' (commonly referred to as ''Halsbury's Statutes'') provides updated texts of every Public General Act of the Parliament of the United Kingdom, Measure of the Welsh Assembly, or Church of England Measur .... Fourth Edition. 2008 Reissue. Volume 41. Page 837. *Peter Allsop (Editor in ...
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At Her Majesty's Pleasure
At His Majesty's pleasure (sometimes abbreviated to King's pleasure or, when the reigning monarch is female, at Her Majesty's pleasure or Queen's pleasure) is a legal term of art referring to the indeterminate or undetermined length of service of certain appointed officials or the indeterminate sentences of some prisoners. It is based on the proposition that all legitimate authority for government comes from the Crown. Originating in the United Kingdom, it is now used throughout the Commonwealth realms, Lesotho, Eswatini, Brunei and other monarchies (such as Spain, the Netherlands, and Oman). In realms where the monarch is represented by a governor-general, governor or administrator, the phrase may be modified to be ''at the Governor's pleasure'', since the governor-general, governor, lieutenant governor or administrator is the king's personal representative in the country, state or province. Service to the Crown People appointed by the sovereign to serve the Crown and who have no ...
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Arraignment
Arraignment is a formal reading of a criminal charging document in the presence of the defendant, to inform them of the charges against them. In response to arraignment, the accused is expected to enter a plea. Acceptable pleas vary among jurisdictions, but they generally include "guilty", "not guilty", and the peremptory pleas, or pleas in bar, setting out reasons why a trial cannot proceed. Pleas of '' nolo contendere'' ("no contest") and the Alford plea are allowed in some circumstances. Australia In Australia, arraignment is the first of 11 stages in a criminal trial, and involves the clerk of the court reading out the indictment. The judge will testify during the indictment process. Canada In every province in Canada, except British Columbia, defendants are arraigned on the day of their trial. In British Columbia, arraignment takes place in one of the first few court appearances by the defendant or their lawyer. The defendant is asked whether they plead guilty or no ...
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