Peay, Jill
(2016)
Responsibility, culpability and the sentencing of mentally disordered offenders: objectives in conflict.
Criminal Law Review (3).
pp. 152-164.
ISSN 0011-135X
Abstract
Discusses the challenges and conflicting goals facing courts and psychiatrists when assessing the culpability of mentally disordered offenders for sentencing purposes, with reference to the Court of Appeal ruling in R. v Vowles (Lucinda). Examines the distinction between legal responsibility and culpability, the difficulties facing psychiatrists involved in decisions about punishment, and the role of orders under the Mental Health Act 1983 s.45A.
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