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CRIMINAL JUSTICE ACT (NORTHERN IRELAND) 1966

CRIMINAL JUSTICE ACT (NORTHERN IRELAND) 1966 - LONG TITLE

An Act to make certain provision with respect to responsibility for
offences and with respect to homicide and suicide; to provide for
an appeal to the Court of Criminal Appeal against a verdict of not
guilty on the ground of insanity and to empower that Court to
order a new trial; and for purposes connected with the matters
aforesaid or any of them.
[7th July 1966]
PART I

CRIMINAL JUSTICE ACT (NORTHERN IRELAND) 1966 - SECT 1

1. In this Act

"Act of 1961" means the Mental Health Act (Northern Ireland) 1961;

"mental abnormality" means an abnormality of mind which arises from
a condition of arrested or retarded development of mind or any
inherent causes or is induced by disease or injury;

"insane person" means a person who suffers from mental abnormality
which prevents him

(a)from appreciating what he is doing; or

(b)from appreciating that what he is doing is either wrong or
contrary to law; or

(c)from controlling his own conduct; and

"insanity" shall be construed accordingly.

CRIMINAL JUSTICE ACT (NORTHERN IRELAND) 1966 - SECT 2
Presumption against insanity and rebuttal thereof.

2.(1) Subject to the succeeding provisions of this Part, every
person charged with an offence shall, until the contrary is proved,
be presumed not to have been insane at the time the offence is
alleged to have been committed.

(2) The presumption mentioned in subsection (1) may be rebutted by
satisfying the jury (or, in the case of a summary trial, the
court) that, on the balance of probabilities, the presumption is not
correct.

(3) On a charge for an offence, the prosecution, with the leave of
the court, may assume the burden of proving that the person charged
was an insane person and may proceed accordingly subject to any
directions which may be given by the court as to the stage of the
proceedings at which the prosecution may adduce or elicit evidence
tending to such proof.

CRIMINAL JUSTICE ACT (NORTHERN IRELAND) 1966 - SECT 3
Effect of insanity etc., on criminal liability.

3.(1) Subject to section 6, if a person charged with the commission
of an offence is found to have been, at the time the offence is
alleged to have been committed, an insane person within the meaning
of this Act, he shall not be convicted of that offence.

Subs.(2) amends s.56 of 1961 c.15 (NI)

(3) In section 56(2) of the Act of 1961 ... references to an
insane person shall be construed as references to any person who is
an insane person within the meaning of this Act; and references to
"insane" and "insanity" shall be construed accordingly; ... residue
repeals in pt. s.56(2)(b) of 1961 c.15 (NI)

(4) This section shall have effect in place of any rule of the
common law inconsistent with this section.

(5) Nothing in this section shall prejudice any powers exercisable
by any court under sections 48 to 55 of the Act of 1961 or by a
magistrates, court under section 58 of the Magistrates' Courts Act
(Northern Ireland) 1964.

CRIMINAL JUSTICE ACT (NORTHERN IRELAND) 1966 - SECT 4
Inference, from conduct, of knowledge or state of mind.

4.(1) Where on a charge for an offence it is necessary to
determine the knowledge or state of mind of a person at any time
the jury or, in the case of a summary trial, the court, may infer
that that person at that time

(a)had knowledge of his conduct and of the natural and probable
consequences of that conduct; and

(b)either intended those consequences, or, if he did not intend
them, was reckless as to whether or not they would ensue from that
conduct.

(2) The jury, or in the case of a summary trial, the court, shall
not be bound to make an inference mentioned in subsection (1) or
to disregard any other inference or evidence relevant to the
knowledge or state of mind of any person whose knowledge or state
of mind is in issue.

(3) Subsection (1) shall not be taken to affect any rule of law
governing the decision of questions as to a person's capacity or
any special provision made by or under any enactment (including this
Act).

Effect, in cases of homicide, of impaired mental responsibility.

CRIMINAL JUSTICE ACT (NORTHERN IRELAND) 1966 - SECT 5

5.(1) Where a person charged with murder has killed or was a party
to the killing of another, and it appears to the jury that he was
suffering from mental abnormality which substantially impaired his
mental responsibility for his acts and omissions in doing or being
a party to the killing, the jury shall find him not guilty of
murder but shall find him guilty (whether as principal or accessory)
of manslaughter.

(2) Where a person is found guilty of manslaughter under subsection
(1), the powers of the court to make a hospital order under
section 48(1) of the Act of 1961 may be exercised as if the
condition required by paragraph (a) of that subsection were fully
satisfied and as if in subsection (4) of that section the words
from "and such an order" to the end of the subsection were omitted
therefrom; and where any such hospital order is made, the court
shall make an order under section 53 of that Act restricting the
discharge of that person as if subsection (2) of the said section
53 did not apply to him, but nothing in this section shall
restrict the powers of the court to sentence that person for the
offence of manslaughter of which he is found guilty.

(3) On a charge of murder, it shall be for the defence to prove
that the person charged is by virtue of this section not liable to
be convicted of murder; but the prosecution, with the leave of the
court, may assume the burden of such proof and proceed accordingly
subject to any directions which may be given by the court as to
the stage of the proceedings at which the prosecution may adduce or
elicit evidence tending to such proof.

(4) Proof shall be sufficient to reduce, under this section, a
verdict of murder to one of manslaughter if it satisfies the jury
that, on the balance of probabilities, the accused was suffering
from mental abnormality of the kind referred to in subsection (1).

(5) Where on a charge of murder the jury reject the plea that the
person charged was an insane person, they may find him to be a
person suffering from mental abnormality of the kind referred to in
subsection (1).

(6) The fact that one party to a killing is by virtue of this
section not liable to be convicted of murder shall not affect the
question whether the killing amounted to murder in the case of any
other party to it.

CRIMINAL JUSTICE ACT (NORTHERN IRELAND) 1966 - SECT 6
Unlawful killing while under voluntary intoxication.

6. Where on a charge of murder the jury find that the person
charged killed or was a party to the unlawful killing of another
but are satisfied that, on the balance of probabilities, he was, at
the time of such killing, an insane person whose mental abnormality
was of a temporary nature and attributable solely to his own
voluntary conduct in taking intoxicating liquor or drugs, he shall
be convicted of manslaughter:

Provided, however, that if the jury are satisfied beyond reasonable
doubt that, immediately before he took such liquor or drugs, he had
the intention to kill or cause serious bodily harm to the person
killed, he shall be convicted of murder.

CRIMINAL JUSTICE ACT (NORTHERN IRELAND) 1966 - SECT 7
Provocation in cases of homicide.

7.(1) Where on a charge of murder there is evidence on which the
jury can find that the person charged was provoked (whether by
things done or by things said or both together) to lose his
self-control the question whether the provocation was enough to make
a reasonable man do as he did shall be left to be determined by
the jury; and in determining that question the jury shall take into
account everything both done and said according to the effect which,
in their opinion, it would have on a reasonable man.

(2) The fact that one party to a killing is by virtue of this
section not liable to be convicted of murder shall not affect the
question whether the killing amounted to murder in the case of any
other party to it.

CRIMINAL JUSTICE ACT (NORTHERN IRELAND) 1966 - SECT 8
Abolition of ""constructive malice'' in killings in course or
furtherance of other offences.

8. Where a person kills another

(a)in the course or furtherance of some other offence; or

(b)in the course or for the purpose of resisting an officer of
justice, or of resisting or avoiding or preventing a lawful arrest,
or of effecting or assisting an escape or rescue from legal
custody;

S.9 rep. by 1968 c.34 (NI) s.181(3) sch.8; 1973 c.53 s.31 sch.5.
Ss.10, 11 rep. by 1973 c.53 s.31 sch.5

CRIMINAL JUSTICE ACT (NORTHERN IRELAND) 1966 - SECT 12
Suicide to cease to be a crime.

12. Notwithstanding any rule of law to the contrary (but without
prejudice to sections 13 and 14) it shall no longer be an offence
for a person to commit suicide.

CRIMINAL JUSTICE ACT (NORTHERN IRELAND) 1966 - SECT 13
Criminal liability for complicity in another's suicide.

13.(1) A person who aids, abets, counsels or procures the suicide
of another, or an attempt by another to commit suicide, shall be
guilty of an offence and shall be liable on conviction on
indictment to imprisonment for a term not exceeding fourteen years.

(2) If on the trial of an indictment for murder or manslaughter it
is proved that the person charged aided, abetted, counselled or
procured the suicide of the person alleged to have been killed, the
jury may find the person charged guilty of an offence under
subsection (1).

Subs.(3) rep. by 1968 c.34 (NI) s.181(3) sch.8; subs.(4) amends s.18
of 1959 c.15 (NI)

(5) If any person is charged before a magistrates' court with an
offence under this section ... further proceedings shall not be
instituted or continued against him except by or with the consent
of the Attorney-General.

CRIMINAL JUSTICE ACT (NORTHERN IRELAND) 1966 - SECT 14
Suicide pacts.

14.(1) It shall be manslaughter, and shall not be murder, for a
person acting in pursuance of a suicide pact between him and
another to kill the other or be a party to the other being killed
by a third person.

(2) Where it is shown that a person charged with the murder of
another killed the other or was a party to his being killed, it
shall be for the defence to prove that the person charged was
acting in pursuance of a suicide pact between him and the other:
and the standard of proof required for the purpose shall be that
of proof beyond a reasonable doubt.

(3) For the purposes of this section "suicide pact" means a common
agreement between two or more persons having for its object the
death of all of them, whether or not each is to take his own
life, but nothing done by a person who enters into a suicide pact
shall be treated as done by him in pursuance of the pact unless
it is done while he has the settled intention of dying in
pursuance of the pact.

Part III(ss.1522) rep. by 1967 c.80 s.103 sch.7; 1968 c.21 s.54
sch.5; 1980 c.47 s.51(2) sch.5

Short title.

CRIMINAL JUSTICE ACT (NORTHERN IRELAND) 1966 - SECT 23

23.(1) This Act may be cited as the Criminal Justice Act (Northern
Ireland) 1966.

Subs.(2) rep. by SLR 1973