Mental Capacity Defences | OCR A-Level Law (H418)
Mental Capacity Defences
- 39 questions
- 2 subtopics
- Component 1: The legal system and criminal law
- Component 1
The defences that go to whether the defendant was capable of the required state of mind..
It covers insanity and automatism and intoxication.
Sample questions from Mental Capacity Defences
Answer each one closed book first, then open the answer.
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Insanity and automatism
What is the starting presumption regarding a defendant's sanity?
Show the answer
Every person is presumed sane until the contrary is proved. -
Insanity and automatism
Name one disposal option available to the court following a verdict of not guilty by reason of insanity.
Show the answer
A hospital order. -
Intoxication
How can involuntary intoxication arise through coercion?
Show the answer
The defendant was forced to consume the intoxicant. -
Intoxication
Why does voluntary intoxication provide no defence to basic intent crimes?
Show the answer
Because becoming voluntarily intoxicated is itself considered reckless, which satisfies the mens rea for basic intent offences.
The 2 subtopics
One subtopic is one session. Work down the list.
| Subtopic | What it covers | Questions |
|---|---|---|
| Insanity and automatism | Recall questions on the M'Naghten rules, defect of reason, disease of the mind and not knowing the nature and quality of the act or that it was wrong, the burden of proof, the special verdict and its disposals, and non-insane automatism. | 30 |
| Intoxication | Recall questions on voluntary and involuntary intoxication and on the specific and basic intent distinction. | 9 |
How the guide is worked
Answering a question from memory stores it far better than reading the answer again. The guide runs that as a fixed procedure on one subtopic at a time, about twenty minutes a session.
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Step 1 · Closed book
Cover the answers. Work through one subtopic and write down what you can. Leave blanks where you have nothing.
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Step 2 · Open book
Go back to the top. Read each printed answer and write it out in full, including the ones you had right.
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Step 3 · Closed book again
Same questions, same order, from memory. The gap between pass one and pass three is the session result.
Read the full method, the return schedule and the research behind it.
Nearby topics
OCR A-Level Law Active Recall Guide
Every topic, not just this one. 1,624 questions with their answers.