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CRIMINAL JUSTICE ACT (NORTHERN IRELAND) 1966 - SECT 2

Presumption against insanity and rebuttal thereof.

2.(1) Subject to the succeeding provisions of this Part, every person charged
with an offence shall, until the contrary is proved, be presumed not to have
been insane at the time the offence is alleged to have been committed.

(2) The presumption mentioned in subsection (1) may be rebutted by satisfying
the jury (or, in the case of a summary trial, the court) that, on the balance
of probabilities, the presumption is not correct.

(3) On a charge for an offence, the prosecution, with the leave of the court,
may assume the burden of proving that the person charged was an insane person
and may proceed accordingly subject to any directions which may be given by
the court as to the stage of the proceedings at which the prosecution may
adduce or elicit evidence tending to such proof.

© 1966 Crown Copyright

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