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Diminished Responsibility — MRCPsych Paper B MCQ

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HardForensic PsychiatryDiminished ResponsibilityMRCPsych Paper B

A psychiatrist is instructed in an England and Wales murder case in which the defence is considering diminished responsibility under section 2 of the Homicide Act 1957, as amended by section 52 of the Coroners and Justice Act 2009. Which formulation most accurately states the complete statutory test?

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Correct answer: D — An abnormality of mental functioning arose from a recognised medical condition, substantially impaired at least one specified ability, and caused or significantly contributed to the defendant's conduct in the killing

Explanation lettering: C = shown as A · E = shown as B · B = shown as C · A = shown as D · D = shown as E

A is correct. The defendant must have had an abnormality of mental functioning arising from a recognised medical condition. That abnormality must have substantially impaired the ability to understand the nature of the conduct, form a rational judgment, or exercise self-control. It must also explain the conduct by causing, or being a significant contributory factor in causing, the killing. B resembles an insanity-style wrongfulness test. C omits the required causal connection and substitutes “significantly” for “substantially.” D uses the pre-2010 statutory formulation. E incorrectly allows any expert-selected cognitive or emotional function and mere temporal association. Psychosis, schizophrenia, Mental Health Act detention and Mental Capacity Act incapacity are not independently required.

Reference: Coroners and Justice Act 2009, section 52, substituting Homicide Act 1957 section 2, 2009. https://www.legislation.gov.uk/ukpga/2009/25/pdfs/ukpga_20090025_en.pdf