Explaining the "explanation" requirement in the new diminished responsibility plea

This article, which complements an earlier article, discusses the “explanation” and “causal” provisions in s.2(1) of the Homicide Act 1957 as amended by s.52(1) of the Coroners and Justice Act 2009. The article explores the provenance of those provisions and suggests that, although a legitimate rationale can be identified for the “explanation” provision, it has been superseded by case law relating to the impairment factors in s.2(1). By contrast, the article argues that there was never a legitimate rationale for the “causal” provisions, that those provisions are unnecessary for achieving the stated policy objective, are unprincipled and, because of the drafting, are difficult to interpret and apply. The article concludes by suggesting that the “causal” provisions, being unnecessary to achieve the policy objective, should be interpreted in a way which as far as is possible limits their application.