Section 177: Diminished Responsibility in Murder Cases

(1)Where a person is found guilty of the murder or of being a party to the murder of another, and the court is satisfied that that person was suffering from such abnormality of mind, whether arising from a condition of arrested or retarded development of mind, or any inherent causes or induced by disease or injury, has substantially impaired his or her mental responsibility for his or her acts and omissions in doing or being a party to the murder, the court shall make a special finding to the effect that the accused person was guilty of murder but with diminished responsibility.

(2)On a charge of murder, it shall be for the defence to prove that the person charged was suffering from an abnormality of mind as is mentioned in subsection (1).

(3)Where a special finding is made under subsection (1), the person so convicted shall not be liable to suffer death but the court shall order him or her to be detained in safe custody; and section 151 of the Children Act shall apply as if the order had been made under that section.

(4)The fact that one party to a murder is by virtue of this section not liable to suffer death shall not affect the question where the other person to it shall be liable to suffer death.