Michael McDowell (Dublin South East, Progressive Democrats)

The provision's purpose is to allow the prosecution in the specifiedcircumstances to adduce evidence regarding the mental state of the accused person. It is based on section 6 of the English Criminal Procedure (Insanity) Act 1964. It makes it clear that, if the defendant claims to be insane, the prosecution can try to prove diminished responsibility and, similarly, if the defendant pleads diminished responsibility, the prosecution can adduce evidence to prove sanity. Without that provision, there could be some doubt as to what evidence could be called by the prosecution in such cases. It merely facilitates the calling of evidence in certain cases.