Page:The Green Bag (1889–1914), Volume 09.pdf/532

 Chapters in the Englisli Law of Lttnacy.

491

was passed to make better provision for the ting the act, but insane at the time charged. care and custody of criminal lunatics and A verdict in these terms was accordingly en the regulation of criminal lunatic asylums. joined. The result is entirely the same after By the ist section, Her Majesty is en the verdict has been given as it used to be. abled by warrant to appoint any asylum or In 1884, a partial consolidation of the crim place in England that may be deemed suit inal lunacy law was effected. But much still able to be an asylum for criminal lunatics; remains to be done in this field of effort. and, under sections 4 and 5, the secretary of Modern procedure in regard to criminal state is empowered to appoint a council of lunatics. Five classes of cases arise, i. A supervision, as well person charged with as officers, attendants a crime may not be and servants, for any arraigned at all. He asylum provided un may have manifestly shown himself to be der this Act, and to make rules for its insane while in prison. government. As yet, In this case, he may Broadmoor Asylum, be removed direct to which was opened in a criminal lunatic asy 1 863, is the only place lum by an order of so appointed. the home secretary. Under section 16 of In February, 1875, the Criminal Lunatics on the recommenda Act, 1 884, an instance tion of the then sec of the exercise of this retary of state, the power recently oc treasury sanctioned curred in London. A the establishment of man Matthews was a lunatic wing at charged with a mur Woking convict der at Bethnal Green. prison, at a cost not When his case was to exceed £7,000, in called on at the police order that insane con court, it was stated victs might thereafter that he had already be sent to it instead DR. ORANGE. been removed to an of to Broadmoor. This plan was carried into execution, but asylum by order of the secretary of state. the lunatic wing was not appointed under The magistrate was in some doubt as to how the Broadmoor Act " an asylum for criminal to mark the charge sheet. The prosecution lunatics." In 1883 a change was made in had to be dismissed; but the prisoner could the law as to the trial of lunatics. There not be said to have been " discharged," as he tofore, persons who were proved to have was liable to be reindicted on recovering his been insane at the time of committing offen sanity. Ultimately the magistrate created a ses imputed to them were found " not guilty precedent. He marked the charge sheet, on the ground of insanity." It was thought " Removed to a lunatic asylum by secretary that persons who were only partly mad at of state's order." There is a good deal of the time they formed a resolution to commit prejudice, however, against this procedure a crime, would be more deterred from so do in legal circles, as it deprives a prisoner of ing if the verdict was one of guilty of commit the benefit of the verdict of a jury as to his