Automatism

 AUTOMATISM 

Automatism can be seen variously as lack of voluntariness, lack of culpability or excuse. It means that the defendant was not aware of his or her actions when making the particular movements that constituted the illegal act.

The defence of automatism is denying that the person was acting in the sense that the criminal law demands. As such it is really a denial-of-proof – the defendant is asserting that the offence is not made out. The prosecution does not have to disprove the defence as is sometimes erroneously reported; the prosecution has to prove all the elements of the offence including the voluntary act requirement. Automatism is a defence even against strict liability crimes like dangerous driving, where no intent is necessary.

There are several limitations to the defence of automatism in English law. Prior fault, intoxication generally excludes automatism, even when involuntary. Any defence that rests on insanity comes under this.