Criminal Law: Incapacity

August 3, 2023

Incapacity refers to the inability of a defendant to understand the nature and quality of their actions. This would mean that they would be unable to possess the mens rea at the time of offending. Incapacity often arises where the defendant is intoxicated or experiencing automatism or insanity. If a person is found not to have had capacity at the time of offending, they may be deemed not criminally which could result in a number of different outcomes, from a disposal order to a complete acquittal.

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