keywords: Corporations, White Collar Crimes, Government Law, SEC, U.S. Securities and Exchange Commission

information to deal in *securities to make a profit or avoid a loss. Under the

Criminal Justice Act 1993,dealings by insiders and those who have acquired

information from insiders may be a criminal offence. Improperly disclosing such

information or encouraging others to deal is also prohibited. Also known as insider

trading.

severe enough to prevent a defendant from knowing what he did (or what he did

was wrong). A person accused of a crime is presumed sane and therefore responsible

for his acts, but he can rebut this presumption and escape a conviction if he can

prove (see BURDEN OF PROOF)     that at the time of committing the crime he was insane.

For purposes of this defence, insanity is defined by the      McNaghten Rules. These

were formulated by judges after the trial of Daniel McNaghten (1843), who killed the

Prime Minister’s secretary by mistake for the Prime Minister, under the delusion

that the government was persecuting him, and was acquitted on the grounds of

insanity. According to the rules, the defendant must show that he is suffering from

a defect of reason arising out of “a disease of the mind”. This would usually include

most psychoses, paranoia, and schizophrenic diseases, but psychopaths and those

suffering from neuroses or subnormality would not normally fall within the terms

of the rules. The defendant must also show that, as a result of the defect of reason,

he either did not know the “nature and quality” of his acts, i.e. he did not know

what he was doing (for example, if he put a child on a fire, thinking it was a log of

wood) or he did not know that his acts were wrong, even if he knew their nature

and quality (for example, if he knew he was murdering, but did not know that this

was wrong). If the defendant is suffering from an insane delusion, he is treated as

though the delusion was true and will have a defence if there would normally be

one on those facts (for example, if he kills someone under the insane delusion that

he is acting in self-defence, since self-defence is a defence). Medical evidence may be

brought, but the jury are entitled to form their opinion on the facts. If found to be

insane the defendant is given a special verdict of “not guilty by reason of insanity”

and may be admitted to hospital. In cases of homicide, the accused must be sent to

hospital (usually a *special hospital, such as Broadmoor). Because of the consequences

of successfully pleading it, in practice insanity was usually only pleaded to avoid the

death penalty. However, a defendant who puts his mental state in issue (e.g. by

raising a defence of *diminished responsibility on a murder charge) might have to

change his plea to guilty to avoid being treated as pleading insanity (though he is

entitled to appeal against an insanity verdict).

Magistrates’ courts are not empowered to return a special verdict. They will either

grant a complete acquittal, if the defendant’s evidence of mental abnormality

amounts to a denial that he had any necessary *mens rea for the crime, or they may

make a *hospital order, if the crime with which he is charged is one for which they

could usually imprison him.

If someone in custody for trial is suffering from mental illness or severe

subnormality, he may be detained in hospital and not brought to trial until he is fit.

A person who is insane at the time of his trial, in the sense that he does not

understand the charge and cannot properly instruct his lawyers, may be found

*unfit to plead.

See also GENERAL DEFENCES; IRRESISTIBLE IMPULSE.

from a physical or mental condition or is acting under *duress. Involuntary conduct

will often give rise to a defence of automatism, although it may not be a defence if

one is aware of one’s condition or induced it oneself. Sometimes conduct may be

regarded as involuntary if one is in control of one’s faculties; for example, when the

brakes of a car suddenly fail; this will also afford a defence to a driving offence

charge.

order to avoid legal proceedings. See also SURRENDER TO CUSTODY.

expulsion of a foetus from the womb before the normal period of gestation is

complete. It is an offence to induce or attempt to induce an abortion unless the

terms of the Abortion Act 1967 and the Abortion Regulations 1991 are complied with.

The pregnancy can only be terminated by a registered medical practitioner, and two

registered medical practitioners must agree that it is necessary, for example because

(1) continuation of the pregnancy would involve a risk to the life or physical or

mental health of the pregnant woman (or of other children of hers) that is greater

than the risk of terminating the pregnancy, or (2) that there is a substantial risk

that the child will be born with a serious physical or mental handicap. However,

doctors are not obliged to perform abortions if they can prove that they have a

conscientious objection to so doing. A husband cannot prevent his wife having a

legal abortion if she so wishes. Compare CHILD DESTRUCTION.

of pregnancy or birth. (A foetus is generally considered to be viable, i.e. capable of

being born alive, if the pregnancy has lasted at least 24 weeks.) If carried out with

the intention of causing death, and if it is proved that the act was not carried out in

good faith in order to preserve the mother’s life, the offence is subject to a

maximum punishment of life imprisonment. Compare ABORTION.

not after) its commission. Aiding usually refers to material assistance (e.g. providing

the tools for the crime), and abetting to lesser assistance (e.g. acting as a look-out or

driving a car to the scene of the crime). Aiders and abettors are liable to be tried as

*accessories. Mere presence at the scene of a crime is not regarded as aiding and

abetting. It  is unnecessary to have a criminal motive to be guilty of aiding and

abetting: knowledge that one is assisting the criminal is sufficient. See also IMPEDING

APPREHENSION OR PROSECUTION.

order to avoid legal proceedings. See also SURRENDER TO CUSTODY