Ms Molly Joyce:

I will answer and then I will pass the question over to Professor Flynn, whom I know will wish to further comment on the matter.

In respect of what this report suggests, it is very clear that the current process of just deciding that someone is unfit to plead is not CRPD-compliant. We would look at decision-making supports for that person to actually enable him or her engage with the usual criminal justice process and, therefore, access his or her due process rights. As the Deputy has rightly identified, it is concerning to think that people who have not been convicted of a crime and who actually have only been accused of a crime could end up spending hugely long periods detained and most likely longer than people would have spent in prison if they had just gone through the process and been convicted.

Such situations can arise.

Regarding the figures available to identify how long people might be detained, there does not seem to be clear transparency, which is a real concern, to know how many people in the CMH might be in this position. Professor Flynn can elaborate on the supports and decision-making in more detail.