Joanna Tuffy (Labour)

I move amendment No. 37:

In page 7, between lines 29 and 30, to insert the following subsection:

"(2) A special verdict under this section shall be a conviction but the powers of the court as to sentence shall only be exercisable if both of the following conditions are satisfied, namely——

(a) the convicted person does not require detention for treatment under this Act or such detention (if any) has been terminated, and

(b) the duration of such detention (if any) already undergone by the convicted person together with the sentence proposed to be imposed by the sentencing court is less than or equal to the maximum sentence for the offence concerned.".

This amendment refers to a special verdict in the case of a conviction. However, there is no special verdict in relation to a conviction and this amendment is not, therefore, necessary. Yesterday, the Minister mentioned he was retaining the reference to "insanity" to ensure there is a very high threshold for those giving such a verdict. There will be concerns, and have been in the past, that a person found not guilty by reason of insanity will possibly serve a short time in a psychiatric institution and will then be free to go. The doubts expressed in the past continue to exist. It is important the high threshold to which the Minister referred is in place. Presumably the legislation will be monitored as it progresses.