Joanna Tuffy (Labour)

I move amendment No. 39:

In page 7, between lines 37 and 38, to insert the following subsection:

"(3) Where a person has been found guilty of an offence but, prior to passing sentence, the court becomes of opinion that the person is suffering from a mental disorder, the court, in imposing sentence, may direct that the sentence shall be served in a specified designated centre until such time as the person is no longer in need of in-patient care and treatment and shall thereafter be served in a prison or place of detention.".

The purpose of this amendment is to address the situation where a person has been found guilty but, during the trial process, it becomes clear to the court that the person is suffering from a mental disorder though not one which would result in him or her being found not guilty. In such a situation, it should be possible for the court to make an order on the care of that person. The matter has also been raised in some commentary on the legislation.