Seanad debates

Wednesday, 19 February 2003

Criminal Law (Insanity) Bill 2002: Second Stage.

 

The other major change in the Bill is the introduction of verdicts of diminished responsibility. Its omission has meant a serious gap in Irish criminal law, particularly as it applies to murder. In essence, a defendant will now have to show a mental disorder as defined in section 1 but not one so severe as to merit an insanity defence. The defence operates on the presumption that it can reduce a plea from one of murder to one of manslaughter. For many years juries have been faced with a stark decision, whereas this change will allow a more sympathetic view to be taken.

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