On being insane in Jersey - the case of Attorney General v. Jason Prior

This note deals with an important development in the law of Jersey relating to the defence of insanity as a result of a hearing to determine a prelimi nary point of law in relation to the prosecution of Jason Prior* for an off ence of grave and criminal assault. The question raised by the defence was whether at the time of the alleged offence, the defendant, who suffers from mental illness, was legally insane. Both authors were instructed by the de fence to give opinions as to two fundamental questions, namely whether the M'Naghten Rules are open to challenge under the Human Rights Act and, if so , how the defence of insanity could be altered to comply with the European Convention on Human Rights.