Michael McDowell (Dublin South East, Progressive Democrats)

Where, in a trial for murder, the accused contends that, at the time of the alleged offence, he was suffering from mental disorder such that he ought to be found not guilty by reason of insanity, or that at the time he was suffering from a mental disorder specified in section 5, the court shall allow the prosecution to produce evidence tending to prove the other of those contentions and may give directions as to the stage of the proceedings at which the prosecution may produce such evidence. The relevance of this is that murder is an offence with a mandatory sentence. With all other offences, one is either guilty or not guilty and if one is guilty, the question of the appropriate way to deal with one is addressed in sentencing. Murder is a special case, with a mandatory sentence attached to it, and that is why, in this case, the provision applies.