Seanad debates

Wednesday, 19 February 2003

Criminal Law (Insanity) Bill 2002: Second Stage.

 

Under the provision of the 1883 Act, the court is obliged to commit a defendant to the Central Mental Hospital for ongoing assessment until he or she is released by the executive. The Minister mentioned the Gallagher case. Prior to that it was assumed that the courts would decide when a person found insane would be released. The Supreme Court handed down that verdict to the Government and I understand an ad hoc committee now makes the decisions. The problem is that the decisions of the ad hoc committee, which is under the Minister's jurisdiction, are not binding on the Executive. I am happy all of that has changed in this Bill.

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