Seanad debates
Wednesday, 19 February 2003
Criminal Law (Insanity) Bill 2002: Second Stage.
I wish to focus on two new concepts – first, diminished responsibility and, second, fitness to be tried as distinct from fitness to plead. The concept of diminished responsibility has enormous potential in the administration of justice in a court. The jury system will apply in such cases. The good men and true and the good women and true who will make a judgment on a case put forward by the experts in the court and on the plea of diminished responsibility face a huge responsibility. A plea of diminished responsibility is a call for careful consideration of the penalty imposed, which may be up to life if the case involves manslaughter. The jury's consideration will be based on professional reports brought before the court, the legal expertise of those making the case and those who are defending it.
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