Paul Bradford (Fine Gael)

I move amendment No. 134:

Before section 14, to insert the following new section:

"14.—(1) Where in any proceedings against a person for any offence the defence intends to adduce evidence as to the mental condition of the accused, notice of such intention shall be given within 10 days of arraignment for the principal charge.

(2) Where the notice referred to insubsection (1) is not given within the period specified, without prejudice to any other provision of this Act evidence shall not be adduced by the defence as to the mental condition of the accused, without leave of the court.

(3) In determining whether to grant leave pursuant to subsection (2), the Court shall have regard to whether the accused or a person acting on his or her behalf mentioned any fact relied on in relation to mental condition of the accused in defence of those proceedings, being a fact which in the circumstances existing at the time the accused or a person on his or her behalf could reasonably have been expected to mention when so questioned, charged or informed, as the case may be, then the court may draw such inferences from the failure as appear proper.

(4) In this section, notice of intention to adduce evidence as to the mental condition of the accused shall be in such form as rules of court shall provide.".