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Criminal Lunatics Act 1800
Act of Parliament
Long title An Act for the safe Custody of Insane Persons charged with Offences.
Citation 39 & 40 Geo. 3. c. 94
Dates
Royal assent 28 July 1800
Other legislation
Repealed by Statute Law (Repeals) Act 1981
Status: Repealed

The Criminal Lunatics Act 1800 was an important Act passed in Great Britain in 1800. This law created a new way to deal with people who committed crimes but were found to be mentally unwell. It allowed these individuals to be kept safely for an unknown period of time. The Act was created very quickly after a famous court case involving a man named James Hadfield, who tried to harm King George III.

Why the Law Was Needed

Before 1800, if someone was accused of a crime but found to be mentally unwell, they were often set free. This happened because there wasn't a specific law to keep them in custody. If a judge thought it was dangerous to release someone, a separate court hearing was needed. This hearing would decide if the person should be kept in a mental health facility.

Sometimes, authorities used an older law called the Vagrancy Act of 1744 to hold people. But most of the time, those found mentally unwell were sent home. Their families were then expected to care for them.

It was also very hard to prove that someone was mentally unwell enough to be found not guilty. The law officials at the time believed that mental illness had to be "very clear and strong." If it seemed a person committed a crime during a brief moment of being mentally sound, they could still be found guilty. This allowed the authorities to keep them away from society.

The Trial of James Hadfield

In May 1800, a man named James Hadfield tried to shoot King George III. This happened at the Drury Lane Theatre. When he was arrested, Hadfield said, "It is not over yet." The lawyers trying to prove him guilty used this to argue he was mentally sound enough to plan the attack. However, Hadfield later changed his story. He said he "had not attempted to kill the King."

Because Hadfield tried to harm the King, he was charged with treason. This is a very serious crime against the country or its ruler. This charge gave Hadfield special rights that ordinary criminals didn't have. First, two witnesses were needed to prove him guilty, not just one. Second, and more importantly, he could ask the court to provide him with two lawyers. He chose Thomas Erskine, who was known as the best lawyer in England.

The lawyers for the King tried to argue that Hadfield's mental illness wasn't strong enough to excuse his actions. But Erskine managed to convince the judge and jury otherwise. He argued that Hadfield only tried to harm the King because he had a strange belief. Hadfield thought he had to die at the hands of others. The jury agreed, and Hadfield was found not guilty.

People were not very angry about this decision, probably because the King wasn't actually hurt. But there was a problem. Under the old laws, Hadfield could only be held until he seemed mentally well again. There was a worry that he might be released and try to harm the King again. To prevent this, the Criminal Lunatics Bill of 1800 was quickly sent to the House of Commons.

What the Act Did

Just four days after James Hadfield's trial, a new bill was proposed. It was called "A Bill for Regulating Trials for High Treason... and for the Safe Custody of Insane Persons Charged with Offences." This bill included what would become the Criminal Lunatics Act 1800. It also included the Treason Act 1800, but these two parts were separated the next day.

The Criminal Lunatics Act applied to people accused of serious crimes like treason, murder, or other major offenses. This included those found not guilty because of mental illness. It also covered people who seemed mentally unwell when they were arrested or brought to court.

The new law stated that if a jury found someone was mentally unwell when they committed a crime, the court would order them to be kept in "strict custody." They would stay in a safe place until the King decided what should happen. This meant that the Act made it a requirement to keep mentally unwell offenders in custody. It was no longer up to the judge or jury to decide if they should be released.

When the Act Ended

The Criminal Lunatics Act 1800 was eventually cancelled. This happened with the Statute Law (Repeals) Act 1981. Today, how mentally unwell offenders are kept in custody is managed by newer laws. The main law for this in the UK is the Mental Health Act 1983.

See also

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