HC Deb 11 April 1918 vol 104 c1664W
Sir W. COLLINS

asked the Undersecretary of State for War when, as a result of court-martial proceedings at which a plea of shell-shock or other form of mental disorder is raised, a medical board is restricted to an inquiry as to whether what is known as the Macnaghten formula applied at the time of the commission of the alleged offence?

Mr. MACPHERSON

When a medical board is directed to be held, as a result of court-martial proceedings at which a plea of shell-shock or other form of mental disorder is raised, the instructions generally given to the board are that they are to report, firstly, as to the mental condition of the accused at the time of their examination; and secondly, whether, in their opinion, the accused was responsible, for his actions at the time of the commission of the offence of which he was convicted. The attention of the board is specifically directed to paragraph 9 of Chapter VII. of the Manual of Military Law, which deals with criminal charges against persons of unsound mind.