Seanad debates

Wednesday, 19 February 2003

Criminal Law (Insanity) Bill 2002: Second Stage.

 

Sections 6 and 7 deal respectively with the question of appeals to higher courts from decisions of lower courts that a person is unfit to be tried or is not guilty by reason of insanity. Under existing law findings of unfitness to plead and fitness to be tried or verdicts of guilty but insane are not regarded as convictions. Consequently, there is no provision for a person to appeal against them. Section 8 provides that appeals may be made by the defence or prosecution against a decision of the court of trial to order or not to order the detention of a person in these cases.

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