Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Defence definition

What does Defence mean? In civil litigation, a defence is the defendant’s formal pleading that answers the claim and sets out the material facts and legal grounds relied on. It shapes the issues for disclosure, evidence and trial, and must be filed within the time limits set by court rules; failure may lead to default judgment (or decree). In England and Wales, under the Civil Procedure Rules, the defence is a statement of case responding to the particulars of claim. It should specify which allegations are admitted, denied or not admitted, explain any denial, and plead defences such as limitation or set-off....

Insanity Defence under the M’Naghten Rules: elements, evidential burdens, and disposals in magistrates’ courts and the Crown Court (England and Wales)

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Practice notes

What is the Defence of Insanity?

Insanity operates as a defence to a criminal allegation. It is available in both the magistrates’ court and the Crown Court. At its core, the rationale for this defence is that criminal punishment ought to be imposed only on those who are responsible for their behaviour. The question of what amounts to insanity was the subject of debate until it was settled by the rule laid down in M’Naghten’s Case. In that case, Daniel M’Naghten shot and killed the secretary to the politician Sir Robert Peel, having intended to kill Sir Robert himself. He was prosecuted for murder, yet the verdict was an acquittal on the ground of insanity. High Court judges were then required to respond to questions in the House of Lords about the Law that governs the insanity defence...

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