Seanad debates

Thursday, 8 April 2004

Criminal Law (Insanity) Bill 2002: Committee Stage (Resumed).

 

2:00 am

Don Lydon (Fianna Fail)

Under section 12, can the review board recommend the discharge of a patient if it believes he or she is no longer liable to carry out a certain action? I have personal experience of the problems that can result from such a situation. The review board is often asked whether the person in question is likely to re-offend. One cannot give a definitive answer to that. Anyone in this Chamber could commit murder, although I hope none of us ever does. If a review board agrees that a patient is likely to re-offend, he or she is then detained. I have personal experience of a person being detained for 12 or 14 years, even though deemed by a number of psychologists and psychiatrists to be no longer insane following a year in the Central Mental Hospital. Is there any provision for a person to be discharged? I have been reading the Bill very quickly and may have missed some reference.

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