Criminal law salary uk

In English law, diminished responsibility is one of the partial defenses that reduce the offense from murder to manslaughter if successful.
This allows the judge sentencing discretion, e.g. to impose a hospital order under section 37 of the Mental Health Act 1983 to ensure treatment rather than punishment in appropriate cases.
Thus, when the actus reus of death is accompanied by an objective or constructive version of mens rea, the subjective evidence that the defendant did intend to kill or cause grievous bodily harm because of a mental incapacity will partially excuse his conduct.
Under s.2(2) of the Homicide Act 1957 the burden of proof is on the defendant to the balance of probabilities.
The M'Naghten Rules lack a volitional limb of irresistible impulse; diminished responsibility is the volitional mental condition defense in English criminal law.