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:

There were 24 hearings in 2020 and 2021. Seven of those related to people who were facing charges in the District Court while it just said "other courts" for the other 17 so, again, it is unclear whether it is the Circuit Court or the Central Criminal Court. While we are talking about crimes ranging from the minor up to the most serious, there are people who are facing charges for what it would be possible to plead as a misdemeanour in the District Court but, because they are deemed unfit to plead, end up being deemed unable to decide to have it tried at the District Court level. This then elevates it to Circuit Court level. A case involving such a scenario is cited in the report so it is not hypothetical. It creates these odd legal scenarios.