Oireachtas Joint and Select Committees

Tuesday, 6 December 2022

Joint Committee On Health

People Detained in Secure Forensic Mental Health Facilities: Discussion

Ms Eil?s N? Chaoimh:

This idea goes to the heart of the issue. For people who are found not guilty by reason of insanity, that first bit there of “not guilty” is the recognition. The law is trying to recognise that due to a mental illness at the time, the law has determined that a person should not be held fully responsible. That is due to the Criminal Law (Insanity) Act, which sets out that the person did not know the nature or quality of the act, they did not know what they were doing was wrong or they could not stop themselves from doing it. The idea is that what we are doing is not about punishment. It is to essentially-----

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