ABSTRACT

Ultimately, nowadays, the aim of the criminal justice system is to try to divert away from the court system as many mentally disordered people as possible.

Criminal Responsibility Criminal responsibility is a legal concept related to justice and determined adversarily. It begins at the age of 10 years in England and Wales (doli incapax) and technically 10 years in Scotland, although, confusingly, a child may not come before the Criminal Courts there until age 12 years (Criminal Justice and Licensing (Scotland) Act 2010). In the Republic of Ireland, it begins at 10 years of age. For the most serious offences, e.g. murder, but is 12 years for other offences (Children Act 2001 as amended by The Criminal Justice Act 2006). It is questionable how good psychiatrists are in judging responsibility, as opposed to clinically diagnosing mental disorder, which is key to their role.