Criminal Law (Defence and the Dwelling) Act 2011

Amendment of Non-Fatal Offences against the Person Act 1997.

6.— Section 18 of the Non-Fatal Offences against the Person Act 1997 is amended—

(a) by the substitution of the following subsection for subsection (3):

“(3) For the purposes of this section an act is ‘criminal’ notwithstanding that the person doing the act—

(a) if charged with an offence in respect of it, would be acquitted on the ground that—

(i) he or she acted under duress,

(ii) his or her act was involuntary,

(iii) he or she was in a state of intoxication, or

(iv) he or she was insane so as not to be responsible according to law for the act,

or

(b) was a person to whom section 52 (1) of the Children Act 2001 applied.”,

and

(b) by the insertion of the following subsection after subsection (8):

“(9) In subsection (3) ‘intoxication’ means being under the intoxicating influence of any alcoholic drink, drug, solvent or any other substance or combination of substances.”.