Terror cases show necessity of mental health guidance for judges
Analysis: Even if courts follow new guidance, the options available to judges will vary across the country
The question of how much mental illness affects a person’s responsibility for their actions is wrought with difficulty in any arena.
But in the courts, it can be the difference between freedom and imprisonment, a life sentence or a community order.
For the most serious offences, a jury must first decide whether the accused is guilty, frequently having to listen to opposing evidence called by the prosecution and defence over their mental capacity.
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