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There is a distinction between insane and non-insane automatism; insane automatism, otherwise known as insanity, does not provide a complete defence but rather a special verdict of ‘not guilty by reason of insanity’. However, a defence of non-insane automatism provides a total of defence which results in an acquittal. The distinction is that insane automatism is caused by an internal factor whereas the involuntary action for non-insane automatism must be caused by an external factor.

Practitioners will need to consider carefully whether a defendant lacks the necessary mens rea due to non-insane automatism or whether the defence of insanity applies. Consideration will also need to be given to whether the automatism was self-induced by the defendant.

This Practice Note focuses on non-insane automatism.

See Practice Note: The defence of insanity regarding the defence of insane automatism (insanity).