Oireachtas Joint and Select Committees
Tuesday, 6 December 2022
Joint Committee On Health
People Detained in Secure Forensic Mental Health Facilities: Discussion
Dr. Eilion?ir Flynn:
That can happen. The rationale for detaining people while they are unfit to stand trial is treating them to make them fit to stand trial. That is theory of what should happen but as we can see from the length of time people might spend there and what stakeholders told us during the research for this project, it may be a long time with people still being found unfit to stand trial despite undergoing treatment and being in the CMH for long periods. The goal of the system is to treat the person so he or she can stand trial but, again, the treatment does not always have that effect and may have other effects. That is the problem.
The rationale for keeping them there is that we will provide this treatment and once they have had it, they will be in a better position to understand what is going on and be able to participate in the trial. However, we do not even have data on how many people are not fit to stand trial and go ahead into a trial process after being treated at the CMH. We do not have that information.