Criminal Lunatics Act 1800
Encyclopedia
The Criminal Lunatics Act 1800 (39 & 40 Geo. 3, c. 94) was a British
Act of Parliament
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
.
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 the care of their family.
Because a ruling in favour of a plea of insanity was basically equated with a verdict of not guilty, it was generally very difficult to obtain. The consensus among law officials of the time was that madness had to be “obvious and overwhelming” before a plea of insanity would be accepted as a defence. If it could be successfully argued that a lunatic committed a crime during a brief moment of sanity, then it was considered acceptable to convict the defendant, allowing the authorities to detain that person for the good of society.
attempted to assassinate King George III at the Drury Lane Theatre. His statement at the time of his arrest was: "It is not over yet – there is a great deal more and worse to be done" which the prosecution used to argue that he was sane enough to plan the event and then carry it to fruition. Later, however, Hadfield changed his story and maintained that he had "not attempted to kill the King".
Because the intended victim was the King of Great Britain, James Hadfield was charged with treason
. This charge proved to be critical in determining the result of his case because it entitled him to several rights that were not given to criminals who had attempted to kill an ordinary person. First of all, the testimony of two witnesses, instead of just one, was needed to prove him guilty, since this was not an ordinary crime (The Treason Act 1800
was passed in July 1800 to make treason by attempting to kill the King subject to the same rules of evidence and procedure as a normal murder trial). Second and more importantly, he could demand that the court provide him with two defence counsels that would argue his case for him, instead of having to act as his own defence. Hadfield chose Thomas Erskine
as his chief counsel. At the time, Erskine was regarded as the best lawyer in England.
Despite attempts by the prosecution to emphasise the standard strict criteria for madness, Erskine succeeded in convincing the judge and jury that Hadfield had only appeared to make an attempt on the King’s life in an effort to get himself killed, in accordance with his delusional belief that he must die at the hands of others. The verdict of not guilty was secured.
Surprisingly, this result of the trial did not bring about a public outrage, possibly since no harm had actually come to the King. However, according to the Vagrancy Acts of 1714 and 1744, Hadfield could only be held until he had recovered his mind and the concern was that he would be released in a period of lucidity and make another attempt on the
King’s life at a later date. In order to legally confine him, the Criminal Lunatics Bill of 1800 was hastily sent to the House of Commons.
in certain cases, and for the Safe Custody of Insane Persons Charged with Offenses". This bill included both what was to become the Criminal Lunatics Act 1800 and the Treason Act 1800
, but the two sections were separated the day after the initial bill was presented to Parliament.
The terms of the Criminal Lunatics Act applied to people charged with treason, murder, or felony
who were acquitted on the grounds of insanity or who appeared to be insane when apprehended, brought in for arraignment
, or summoned for discharge due to a lack of prosecution. The procedure for dealing with these people read as follows: “If [the jury] shall find that such person was insane at the time of the committing such offence, the court before whom such trial shall be had, shall order such person to be kept in strict custody, in such place and in such manner as to the court shall seem fit, until His Majesty’s pleasure
shall be known." In essence, the Criminal Lunatics Act required the detention of someone who had committed a crime in a bout of insanity rather than leaving it to the discretion of the judge and jury.
. Currently, detention of mentally ill offenders is regulated by the Mental Health Act 1983
, sections 35–41 and 47–49.
Great Britain
Great Britain or Britain is an island situated to the northwest of Continental Europe. It is the ninth largest island in the world, and the largest European island, as well as the largest of the British Isles...
Act of Parliament
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
that required and established a set procedure for the indefinite detention of mentally ill
Mental illness
A mental disorder or mental illness is a psychological or behavioral pattern generally associated with subjective distress or disability that occurs in an individual, and which is not a part of normal development or culture. Such a disorder may consist of a combination of affective, behavioural,...
offenders. It was passed through the House of Commons in direct reaction to the trial of James Hadfield
James Hadfield
James Hadfield or Hatfield attempted to assassinate George III of the United Kingdom in 1800 but was acquitted of attempted murder by reason of insanity....
, who attempted to assassinate King George III
George III of the United Kingdom
George III was King of Great Britain and King of Ireland from 25 October 1760 until the union of these two countries on 1 January 1801, after which he was King of the United Kingdom of Great Britain and Ireland until his death...
.
Background
Before 1800, if a defendantDefendant
A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute...
was acquitted on the grounds of insanity
Insanity defence
In criminal trials, the insanity defense is where the defendant claims that he or she was not responsible for his or her actions due to mental health problems . The exemption of the insane from full criminal punishment dates back to at least the Code of Hammurabi. There are different views of the...
, 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
Involuntary commitment
Involuntary commitment or civil commitment is a legal process through which an individual with symptoms of severe mental illness is court-ordered into treatment in a hospital or in the community ....
hearing had to be held before the person could be incarcerated
Incarceration
Incarceration is the detention of a person in prison, typically as punishment for a crime .People are most commonly incarcerated upon suspicion or conviction of committing a crime, and different jurisdictions have differing laws governing the function of incarceration within a larger system of...
. 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 the care of their family.
Because a ruling in favour of a plea of insanity was basically equated with a verdict of not guilty, it was generally very difficult to obtain. The consensus among law officials of the time was that madness had to be “obvious and overwhelming” before a plea of insanity would be accepted as a defence. If it could be successfully argued that a lunatic committed a crime during a brief moment of sanity, then it was considered acceptable to convict the defendant, allowing the authorities to detain that person for the good of society.
Trial of James Hadfield
In May 1800, James HadfieldJames Hadfield
James Hadfield or Hatfield attempted to assassinate George III of the United Kingdom in 1800 but was acquitted of attempted murder by reason of insanity....
attempted to assassinate King George III at the Drury Lane Theatre. His statement at the time of his arrest was: "It is not over yet – there is a great deal more and worse to be done" which the prosecution used to argue that he was sane enough to plan the event and then carry it to fruition. Later, however, Hadfield changed his story and maintained that he had "not attempted to kill the King".
Because the intended victim was the King of Great Britain, James Hadfield was charged with treason
Treason
In law, treason is the crime that covers some of the more extreme acts against one's sovereign or nation. Historically, treason also covered the murder of specific social superiors, such as the murder of a husband by his wife. Treason against the king was known as high treason and treason against a...
. This charge proved to be critical in determining the result of his case because it entitled him to several rights that were not given to criminals who had attempted to kill an ordinary person. First of all, the testimony of two witnesses, instead of just one, was needed to prove him guilty, since this was not an ordinary crime (The Treason Act 1800
Treason Act 1800
The Treason Act 1800 was an Act of the 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 attempt on the life of George III by James...
was passed in July 1800 to make treason by attempting to kill the King subject to the same rules of evidence and procedure as a normal murder trial). Second and more importantly, he could demand that the court provide him with two defence counsels that would argue his case for him, instead of having to act as his own defence. Hadfield chose Thomas Erskine
Thomas Erskine, 1st Baron Erskine
Thomas Erskine, 1st Baron Erskine KT PC KC was a British lawyer and politician. He served as Lord Chancellor of the United Kingdom between 1806 and 1807 in the Ministry of All the Talents.-Background and childhood:...
as his chief counsel. At the time, Erskine was regarded as the best lawyer in England.
Despite attempts by the prosecution to emphasise the standard strict criteria for madness, Erskine succeeded in convincing the judge and jury that Hadfield had only appeared to make an attempt on the King’s life in an effort to get himself killed, in accordance with his delusional belief that he must die at the hands of others. The verdict of not guilty was secured.
Surprisingly, this result of the trial did not bring about a public outrage, possibly since no harm had actually come to the King. However, according to the Vagrancy Acts of 1714 and 1744, Hadfield could only be held until he had recovered his mind and the concern was that he would be released in a period of lucidity and make another attempt on the
King’s life at a later date. In order to legally confine him, the Criminal Lunatics Bill of 1800 was hastily sent to the House of Commons.
The Act
No more than four days after the trial of James Hadfield, the prosecution proposed "A Bill for Regulating Trials for High Treason and Misprision of High TreasonMisprision of treason
Misprision of treason is an offence found in many common law jurisdictions around the world, having been inherited from English law. It is committed by someone who knows a treason is being or is about to be committed but does not report it to a proper authority...
in certain cases, and for the Safe Custody of Insane Persons Charged with Offenses". This bill included both what was to become the Criminal Lunatics Act 1800 and the Treason Act 1800
Treason Act 1800
The Treason Act 1800 was an Act of the 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 attempt on the life of George III by James...
, but the two sections were separated the day after the initial bill was presented to Parliament.
The terms of the Criminal Lunatics Act applied to people charged with treason, murder, or felony
Felony
A felony is a serious crime in the common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors...
who were acquitted on the grounds of insanity or who appeared to be insane when apprehended, brought in for arraignment
Arraignment
Arraignment is a formal reading of a criminal complaint in the presence of the defendant to inform the defendant of the charges against him or her. In response to arraignment, the accused is expected to enter a plea...
, or summoned for discharge due to a lack of prosecution. The procedure for dealing with these people read as follows: “If [the jury] shall find that such person was insane at the time of the committing such offence, the court before whom such trial shall be had, shall order such person to be kept in strict custody, in such place and in such manner as to the court shall seem fit, until His Majesty’s pleasure
At Her Majesty's pleasure
At Her Majesty's pleasure is a legal term of art derived from all legitimate authority for government stemming from the Crown. Originating from the United Kingdom, it is now used throughout the Commonwealth realms...
shall be known." In essence, the Criminal Lunatics Act required the detention of someone who had committed a crime in a bout of insanity rather than leaving it to the discretion of the judge and jury.
Repeal
The Act was repealed by the Statute Law (Repeals) Act 1981Statute Law (Repeals) Act
Statute Law Act is a stock short title which is used, in the United Kingdom, for legislation whose sole purpose was to repeal obsolete enactments. The short title Statute Law Revision Act was formerly used for this type of statute. These Acts are drafted by the Law CommissionStatute Law Acts may...
. Currently, detention of mentally ill offenders is regulated by the Mental Health Act 1983
Mental Health Act 1983
The Mental Health Act 1983 is an Act of the Parliament of the United Kingdom which applies to people in England and Wales. It covers the reception, care and treatment of mentally disordered persons, the management of their property and other related matters...
, sections 35–41 and 47–49.
See also
- Mental health lawMental health lawMental health law is the area of the law that applies to persons with a diagnosis or possible diagnosis of mental illness, and to those involved in managing or treating such people.-Mental health law in general:...
- Treason Act 1541Treason Act 1541The Treason Act 1541 was an Act of the Parliament of England passed in 1542 . It provided for the trial and punishment of lunatics for high treason...
- Trial of Lunatics Act 1883Trial of Lunatics Act 1883The 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"...
- Criminal Lunatics (Ireland) Act 1838Criminal Lunatics (Ireland) Act 1838The Criminal Lunatics Act 1838 was an Act of Parliament in the United Kingdom, signed into law on June 11, 1838.-Provisions:...
Further reading
- Argent, Valerie (1978). Counter-Revolutionary Panic and the Treatment of the Insane: 1800 Middlesex University., p.84. at p.30., p. 121-122., p.15–16.