CJiapters in tJie English Law of Lunacy.
489
Act of Parliament, directed to be removed to of their sentences have ceased to be crimi an asylum or other place for the reception nals, and, therefore, as we have already seen of lunatics. In point of practice, however, cannot any longer be called criminal lunatics. the words " criminal lunatic " are applied So, also, persons who have at some period of to three classes of persons: — life been either convicted of crime, or in First, those who, put upon their trial on prison under a criminal charge, and who some criminal charge, are found guilty, but have left prison in a state of sanity, but who insane at the time of the offense; secondly, afterwards became insane, neither are, nor ever have been criminal lunatics. It will be
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those who are found insane upon arraign seen, therefore, that ment. These persons the distinction be cannot, of course, be tween persons who assumed to be crimi are, and those who nals, but as they are are not criminal luna liable to be tried on tics, is that the former recovering their sani are in custody by vir ty, their detention dif tue of the order of a fers in character from court of law or of a that of ordinary luna secretary of state. tics. In connection It should be added with these may be that no criminal luna mentioned persons tic can be discharged apparently insane un without a warrant der remand and signed by a secretary awaiting trial. Thirdof state. ' ly, convicts and other Historical sketch of persons undergoing the law as to crimi sentences who have nal lunatics. Prior become insane in to the attempt made prison. These are byHadfield, in 1800, strictly criminals, but it is only while they on the life of George III, the mode of pro are criminals, i.e. dur DR. I. C. PRICHARI). cedure in regard to ing the currency of the treatment of crim their sentence, that they are criminal lunatics. There are, thus, inal lunatics was varying and uncertain. two great categories of criminal lunatics in But when Hadfield was tried and found insane, and the question arose what was to England, be done with him, the law on the subject (л) Queen's pleasure ^ was found to be in so unsatisfactory a con and > lunatics. '(¿) Secretary of state's ) dition that no further time was lost in The term in question is often, however, amending it. The trial of Hadfield took inaccurately applied to other classes to place on the 26th of June, 1800, and an which it is necessary to refer. Persons, for Act " for the safe custody of insane persons instance, who were at one time criminal charged with offenses " was passed on the 28th of July in the same year. This is lunatics, but who have been absolutely dis charged from the custody of the state, either the oldest of the statutes, relating to crimi because they are cured or on the completion nal lunatics, of which any part is still in
