Prosecutions

(asked on 13th January 2020) - View Source

Question to the Ministry of Justice:

To ask the Secretary of State for Justice, if he will make an assessment of (a) the effectiveness of the law on automatism as a legal defence and (b) its role in miscarriages of justice.


Answered by
Chris Philp Portrait
Chris Philp
Shadow Home Secretary
This question was answered on 17th January 2020

Automatism has developed as a defence under the common law for a long period of time and is a full defence to a criminal charge where the defendant’s consciousness was so impaired that they were acting in a state of physical involuntariness.

The Government understands how difficult it must be for innocent victims of acts for which automatism may be a defence to accept that in law no one is to blame but we believe it remains unjust to punish someone for something they genuinely had no control over.

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