Seanad debates

Wednesday, 19 February 2003

Criminal Law (Insanity) Bill 2002: Second Stage.

 

The diminished responsibility provision is to be much welcomed. This will refer to a person who is short of being defined as insane under the various provisions we have had in place but who has an abnormality of the mind. In the United Kingdom the definition of diminished responsibility is much larger than that considered in the Bill. Those who have had accidents resulting in brain injuries, for example, can be deemed to suffer from diminished responsibility. Perhaps we could look at the British legislation and see how it could apply here. Diminished responsibility also appears to be an acceptable plea to the Director of Public Prosecutions in the United Kingdom, which will not be the case here. Perhaps we could consider this also. The courts should be permitted to reduce a murder charge to one of manslaughter. However, it is important that we include all those we really mean to include. That is the reason I say it might be as well to look at the whole United Kingdom legislation.

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