Procedure, Defences and Liability: The law’s response to mental disorder
HLA Hart famously stated that ‘unless a man has the capacity and fair opportunity or chance to adjust his behaviour to the law, its penalties ought not to be applied to him’. Although focused on the liability stage, excusing harmful acts performed without capacity, the statement applies equally to the litigation stage where a defendant lacks capacity to engage with the court process or to present a defence. A defendant’s lack of capacity leads us to question their blameworthiness, or the fairness of their treatment within the court system. However, such concerns must be balanced against an (equally valid) desire to protect society from harm. The law attempts to maintain this balance, but has attracted considerable criticism.
This symposium is the first event organised by the new Criminal Law, Criminal Justice and Criminology Research Group (within the Centre for Responsibilities, Rights and the Law), bringing together experts working in the area of mental disorder and crime. It presents an important opportunity to examine the legal response to mental disorder through a critical assessment of current and proposed laws and procedures.
Everyone is welcome to attend, please email Barry Maughan to register your attendance - B.J.Maughan@sussex.ac.uk