Ms Eil?s N? Chaoimh:

That is correct, for historic reasons. If you are talking about people who are detained over long periods, the law changed. Currently, we are looking at the Criminal Law (Insanity) Act 2006. It was sort of a legacy issue. Because there are different pathways in, for most people who are in the CMH, it is to do with the Criminal Law (Insanity) Act. It will be a finding of not guilty by reason of insanity or unfitness to plead, but there is a possibility of transfer under the 2001 Act as well. There is also a possibility that someone could be made a ward and would then remain in the CMH under wardship.

There is a lack of clarity as to which of those processes is the reason the person is in the CMH.