What constitutes diminished responsibility?
 

A few months ago some stuff went off and I bit a police officer when I was restrained. My psychiatrist said he doesn't believe I would have done it if I wasn;t abused as a child, but the forensic mental health service do not see BPD as an illness that can cause diminished responsiblity.

I have no memory of it happening (or of much of that night) and believe I lashed out because I was abused by my dad and he would pin me to the floor, so I guess I panicked and lashed out.

It's obvious that I did it... as there was blood on the police womans shirt, but I really wouldnt have done it if i was in a "normal" frame of mind if that makes sense.

they say those with BPD, like myself have the capacity to make choices,however it may be different in your circumstances im not too sure....i think in the cas eof diminished responsibility it means if you can't make decisions for yourself, don't quote me though.

hope you're ok :)

I think to a degree it varies by country... I know that in the US they have a thing called "irrisiestable impluse" which is something that I have never heard used in a British court. In the UK I think it is what is often used when they are advising treatment over conviction, I think it's under the mental health act somewhere.



Do you think it's possible that the act of being restrained resulted in a flashback which is why you fought/bit them? I know that during flashbacks I have kicked, punched, bitten, and all sorts of other horrible things, people because I wasn't fully aware of the nowand was reacting to the then

I have "assaulted a police officer" twice before but I had diminished responsibility due to schizophrenia. I'm sure there is a document that lists all the conditions of diminished responsibility, sorry I don't know what its called but its worth some googling.

Severe dissociative states would probably constitute diminished responsibility but in the cases of BPD I would imagine it may be hard to prove due to the fact people tend to see borderline as a disorder rather than an acute illness.

However in crisis it is recognised by many that dissociation and transient psychosis can occur in those with a diagnosis of BPD. I suggest you contact your consultant and ask for their support.

Whatever happens they will expect you to be questioned as normal. I would try and get your current mental health team to advise you on what to do.

I am assuming you were being restrained for your own well-being and due to mental health issues? If this is the case, the assumption was already being made by the police that you were unable to make the choice for your own well-being and you were being restrained under the mental health act.

Anything, therefore, that took place during this time, should come under the same level of assumption. If not, then the police have burden of proof to justify why they restrained you in the first place.

Roiben x

Isn't it down to the CPS to decide if the plea of diminished responsiblity will hold in court? Just because the forensic service dont see BPD as sufficient grounds doesnt mean you can't fight your corner, that is the point of court and giving evidence etc. And as has been said, if the police were restraining you then that already suggests your state of mind was compromised.