Seanad debates

Wednesday, 5 May 2010

Criminal Law (Insanity) Bill 2010: Report and Final Stages

 

2:30 pm

Photo of Ivana BacikIvana Bacik (Independent)

I thank the Minister of State for a full response. I am glad a wider review of the legislation will be undertaken later this year and that the important issue this amendment raises will be dealt with by it.

I have a difficulty with the Committee Stage Government amendment to section 3 although I am glad that, in principle, centres other than the Central Mental Hospital may be designated. The reference, however, to the District Court, which I have tried to address in amendment No. 2, is regrettable because it is not the appropriate place to make an adjudication on fitness for trial. While not being critical of any specific court or judge, the District Court is pressured for time and the experience of those working on the front line is that judges will tend to use the fitness to stand trial procedure in cases in which defendants were unruly or drunk. Given there will be a full-scale review of all these issues, I would be glad if that aspect was examined as well.

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