Seanad debates
Wednesday, 19 February 2003
Criminal Law (Insanity) Bill 2002: Second Stage.
It may be noted in this regard that fitness to be tried is a medico-legal issue; it does not relate to the guilt or innocence of a person. If the person is found unfit to be tried, the proceedings will be adjourned and the court will then determine how the person should be dealt with until such time, if ever, as he or she has recovered. As the person will not have been found guilty of any crime, he or she will only be detained if likely to be dangerous to himself or herself or to others or in need of in-patient treatment. Safeguards are provided in the section to reduce the possibility of persons found unfit to be tried being detained unnecessarily under the criminal law. In effect, these provisions provide that where, despite the fact that the accused is unfit to be tried, the court is satisfied that there is a reasonable doubt that he or she committed the alleged act, it will acquit him or her. Accused persons may be unfit to be tried but if the court is, nonetheless, in a position to acquit them and say they are innocent, they should not be denied the benefit of having their innocence established merely by virtue of the fact that they have had some intervening mental illness. It will then be a matter for the relevant authorities acting under the civil law – that is, the Mental Health Act 2001 – to take whatever measures they may deem necessary in relation to the persons concerned.
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