Joe Costello (Dublin Central, Labour)

I move amendment No. 29:

In page 7, between lines 33 and 34, to insert the following:

"(2) Where a person has been found guilty of an offence, but prior to passing sentence the court becomes of opinion that the person is suffering from a mental disorder, the court having imposed a sentence may recommend that the sentence shall be served in a specified designated centre until such time as the person is no longer in need of in-patient care and treatment and shall thereafter be served in a prison or place of detention, and the Minister shall have regard to such a recommendation.".

This amendment is to give the Minister some options in sentencing a person who "has been found guilty of an offence, but prior to passing sentence, the court becomes of the opinion that the person is suffering from mental disorder, the court, having imposed a sentence may recommend that the sentence shall be served in a specified designated centre until such times as the person is no longer in need of in-patient care and treatment and shall thereafter be served in a prison or place of detention". It is to give some further options in sentencing and to recognise that, primarily, people in designated centres are there for care and treatment. If such treatment is successful, the sentence can be dealt with in a normal custodial fashion.

See this speech in context