Ms Eil?s N? Chaoimh:

It is in the Criminal Law (Insanity) Act, which sets out a number of criteria. Essentially, it is where the court, the judge, the person's solicitor or the prosecuting team determine that the person cannot understand the process due to a mental disorder or is not in a position where he or she can instruct his or her solicitor. Essentially, it is where the fair trial rights of the person would not be vindicated due to the fact that he or she cannot fully participate. In this situation, we are assuming the person has no agency because it is not something the person raises themselves. It is something that is raised by other people. It means that the degree to which the person has a choice in this process is incredibly limited.