Chapters in the History of the Insane in the British IslesTuke, Daniel Hack
History
Chapters in the History of the Insane in the British Isles
Tuke, Daniel Hack
Mental health laws -- Great Britain; Mental illness -- Great Britain; Mentally ill -- Care; Psychiatric hospitals -- Great Britain
It was enacted that if any person while in prison under sentence of
death, transportation, or imprisonment, or under a charge of any
offence, or for not finding bail, or in consequence of any summary
conviction, or under any other civil process, shall appear to be insane,
it shall be lawful for two justices to inquire, with the aid of two
medical men, as to the insanity of such person; and if it be duly
certified by such justices and medical men that he is insane, it shall
be lawful for one of the principal Secretaries of State to direct his
removal to such county asylum or other proper receptacle as the
Secretary of State may judge proper, to remain under confinement until
it shall be duly certified by two medical men to the Secretary of State
that such person has become of sound mind; whereupon he is authorized,
if such person remain subject to be continued in custody, to issue his
warrant to the person in whose charge he may be, directing that he shall
be removed to the prison from whence he has been taken, or if the period
of imprisonment has expired, then he shall be discharged. It was also
enacted that when a person charged with misdemeanors is acquitted on the
plea of insanity, he shall be kept in strict custody during Her
Majesty's pleasure, the jury being required to find specially whether
such person was insane at the time of the commission of such offence,
and to declare whether such person was acquitted by them on account of
such insanity.
The Earl of Shaftesbury introduced the subject of the provision for
criminal lunatics in the House of Lords in 1852, and moved for an
Address to Her Majesty on the expediency of establishing a State Asylum
for the care and custody of those who are denominated criminal lunatics.
He said that the subject had been never propounded before to them in a
specific form, and the custody of these criminals had been a great bar
to the improvement of public and private asylums. The Commissioners had
already reported on these evils in 1849, 1850, and 1851. The Government
alone had refused assistance. Having pointed out the four classes into
which they are divided, he stated that the statutes by which they were
confined were three in number, namely, 39 and 40 Geo. III., c. 94; 1 and
2 Vict., c. 14; 3 and 4 Vict., c. 54.
Public-domain text, read in full here on John Shaqi.
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