Seanad debates
Wednesday, 19 February 2003
Criminal Law (Insanity) Bill 2002: Second Stage.
The Bill provides that only a jury can decide on diminished responsibility, which is also a good development. Diminished responsibility cannot be put forward as an acceptable plea. I am informed that lawyers who practise in the Central Criminal Court are quite critical of the narrow basis of the insanity verdict as they find it difficult to convince a jury to convict someone on that basis. The Gallagher and O'Donnell cases have made juries nervous because people feel that if they acquit someone on the basis of insanity, he or she may walk free. However, this is not the case. The availability of diminished responsibility will, I believe, mean that many cases where a substantial element of mental disturbance is involved, but is insufficient for an insanity plea, will allow juries treat cases in a more sympathetic and humane way.
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