Seanad debates
Wednesday, 19 February 2003
Criminal Law (Insanity) Bill 2002: Second Stage.
Section 4 provides for a new verdict of not guilty by reason of insanity to replace the existing special verdict of guilty but insane, and sets out the parameters of the test for insanity which is based on the existing common law position, including recent Irish case law. I might emphasise again that the test to be applied will be related to the time of the alleged commission of the offence and not the time of the trial. The section also provides that after a verdict of not guilty by reason of insanity is returned, the court will then consider the mental condition of the person by reference to the Mental Health Act 2001 to determine whether he or she should be released or detained on the grounds that in-patient treatment is required because the person may be dangerous to himself or herself, or to others because of their mental condition. That represents a change. In other words, once a person has been found not guilty on this ground, the decision as to how he or she should be dealt with thereafter is taken not by reference to the criminal law definitions of insanity but by reference to the civil law relating to mental health, as contained in the recently enacted statute which updated the law in that area. This approach is in accordance with obligations arising under the European Convention on Human Rights which will shortly be given further effect in Irish law in accordance with the provisions of the European Convention on Human Rights Bill 2001 which I am piloting through Committee Stage in the other House and hope will be debated in this House soon.
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