Malcolm Byrne (Wicklow-Wexford, Fianna Fail)
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1315. To ask the Tánaiste and Minister for Justice and Equality the criteria used in a review to determine whether an individual is detained in or released from a centre under the Criminal Law (Insanity) Act 2006; and if he will make a statement on the matter. [59199/25]

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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The Mental Health (Criminal Law) Review Board was established pursuant to section 11 of the Criminal Law (Insanity Act) 2006 Act. It is independent in the exercise of its functions, and I, as Minister, have no role in this regard.

The statutory function of the Review Board is to review the detention of patients who are detained under the Criminal Law (Insanity Act) 2006 Act, as amended.

The Act, as amended, provides the statutory basis for, among other things, the detention in a designated centre and review of persons found not guilty by reason of insanity or unfit to be tried.

I can advise the Deputy that the Review Board must review the detention of each patient at intervals of not greater than six months. Following such review, and in accordance with the Act, the Board may order the continued detention, conditional discharge or unconditional discharge of a patient.

When coming to its decision at each review hearing, the Review Board must have regard to the criteria set out in section 13 of the Act. In doing so, when coming to its decision, the Board must also have regard to the welfare and safety of the patient and to the public interest.

Persons attending reviews include the patient, their legal representative, the patient’s treating consultant/treatment team and, on occasion, the patient's family members and/or friends.

The Review Board’s decisions are informed by clinical reports from the patient’s treating consultant psychiatrist, as well as any other relevant evidence or submissions presented at the review hearing.