Criminal Law (Insanity) Act, 2010

JurisdictionIreland
CitationIR No. 40/2010


Number 40 of 2010


CRIMINAL LAW (INSANITY) ACT 2010


ARRANGEMENT OF SECTIONS

Section

1. Definition.

2. Definition of “patient” in section 1 of Act of 2006.

3. Minister may designate psychiatric centres as designated centres for certain purposes.

4. Amendment of section 4 of Act of 2006.

5. Amendment of section 5 of Act of 2006.

6. Amendment of section 11 of Act of 2006.

7. Amendment of section 13 of Act of 2006.

8. Conditional discharge order.

9. Amendment of Schedule 2 to Act of 2006.

10. Amendment of Defence Act 1954.

11. Short title and commencement.


Acts Referred to

Criminal Justice Act 2006

2006, No. 26

Criminal Law (Insanity) Act 2006

2006, No. 11

Criminal Procedure Act 1967

1967, No. 12

Defence (Amendment) Act 2007

2007, No. 24

Defence Act 1954

1954, No. 18

Mental Health Act 2001

2001, No. 25


Number 40 of 2010


CRIMINAL LAW (INSANITY) ACT 2010


AN ACT TO AMEND THE CRIMINAL LAW (INSANITY) ACT 2006 ; TO AMEND THE DEFENCE ACT 1954 ; AND TO PROVIDE FOR RELATED MATTERS.

[22nd December, 2010]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Definition.

1.— In this Act “Act of 2006” means the Criminal Law (Insanity) Act 2006 .

Definition of “patient” in section 1 of Act of 2006.

2.— The definition of “patient” in section 1 of the Act of 2006 is amended by the substitution of “13, 13A, 13B” for “13”.

Minister may designate psychiatric centres as designated centres for certain purposes.

3.— Section 3 of the Act of 2006 is amended by the insertion of the following subsection after subsection (2):

“(2A) Notwithstanding the generality of subsection (2), the Minister for Health and Children by order may after consultation with the Mental Health Commission, designate a psychiatric centre as a designated centre for the reception and, where appropriate, detention, examination and, where appropriate, care and treatment of persons or classes of persons committed or directed thereto by the District Court under section 4(6)(a) for examination.”.

Amendment of section 4 of Act of 2006.

4.— Section 4 of the Act of 2006 is amended—

(a) in subsection (3), by the insertion of the following paragraph after paragraph (a):

“(aa) In a case to which paragraph (a) relates, the Court may request evidence of an approved medical officer to be adduced before it in respect of the accused person for the purposes of—

(i) determining whether to adjourn the proceedings until further order to facilitate the accused person in accessing any care or treatment necessary for the welfare of the person,

(ii) making a determination as to whether or not the accused person is fit to be tried, or

(iii) exercising a power referred to in subsection (6)(a).”,

(b) in subsection (3)(b)(i)—

(i) by the substitution of “subsection (6)(b)” for “subsection (6)”, and

(ii) by the insertion of “or 13A” after “section 13”,

(c) in subsection (3)(b)(ii), by the substitution of “subsection (6)(b)” for “subsection (6)”,

(d) in subsection (5), by the insertion of the following paragraph after paragraph (b):

“(bb) In a case to which paragraph (a) relates, the court may request evidence of an approved medical officer to be adduced before it in respect of the accused person for the purposes of—

(i) determining whether to adjourn the proceedings until further order to facilitate the accused person in accessing any care or treatment necessary for the welfare of the person,

(ii) making a determination as to whether or not the accused person is fit to be tried, or

(iii) exercising a power referred to in subsection (6)(a).”,

(e) in subsection (5)(c)(i)—

(i) by the substitution of “subsection (6)(b)” for “subsection (6)”, and

(ii) by the insertion of “or 13A” after “section 13”,

(f) in subsection (5)(c)(ii), by the substitution of “subsection (6)(b)” for “subsection (6)”, and

(g) by the substitution of the following subsection for subsection (6):

“(6) (a) For the purposes of determining whether or not to exercise a power under subsection (3)(b)(i) or (ii) or subsection (5)(c)(i) or (ii), the court, having considered the evidence of an approved medical officer adduced before it in respect of the accused person—

(i) may for that purpose—

(I) commit the accused person to a designated centre for a period of not more than 14 days, or

(II) by order direct that the accused person attend a designated centre as an out-patient on such day or days as the court may direct within a period of 14 days from the date of the making of the order,

and

(ii) shall direct that the accused person concerned be examined by an approved medical officer at the designated centre.

(b) Within the period authorised by the court under this subsection, the approved medical officer who examined the accused person pursuant to subparagraph (ii) of paragraph (a) shall report to the court on whether or not in his or her opinion the accused person is—

(i) suffering from a mental disorder (within the meaning of the Act of 2001) and is in need of in-patient care or treatment in a designated centre, or

(ii) suffering from a mental disorder or a mental disorder (within the meaning of the Act of 2001) and is in need of out-patient care or treatment in a designated centre.”.

Amendment of section 5 of Act of 2006.

5.— Section 5 of the Act of 2006 is amended, in subsection (2), by the insertion of “or 13A” after “section 13”.

Amendment of section 11 of Act of 2006.

6.— Section 11 of the Act of 2006 is amended, in subsection (2), by the substitution of “whose detention or conditions of discharge it reviews or whose application for unconditional discharge it determines” for “whose detention it reviews”.

Amendment of section 13 of Act of 2006.

7.— Section 13 (amended by section 197 of the Criminal Justice Act 2006 ) of the Act of 2006 is amended—

(a) in subsection (4), by the substitution of “whether for further detention, care or treatment in a designated centre, for his or her conditional discharge under section 13A or for his or her unconditional discharge” for “whether for further detention, care or treatment in a designated centre or for his or her discharge whether unconditionally or subject to conditions for out-patient treatment or supervision or both”,

(b) in subsection (6), by the substitution of “whether for further detention, care or treatment in a designated centre, for his or her conditional discharge under section 13A or for his or her unconditional discharge” for “whether for further detention, care or treatment in a designated centre or for his or her discharge whether unconditionally or subject to conditions for out-patient treatment or supervision or both”,

(c) in subsection (7)(b), by the substitution of “whether for further detention, care or treatment in a designated centre, for his or her conditional discharge under section 13A or for his or her unconditional discharge” for “whether for further detention, care or treatment in a designated centre or for his or her discharge whether unconditionally or subject to conditions for out-patient treatment or supervision or both”, and

(d) in subsection (8), by the substitution of “whether for further detention, care or treatment in a designated centre, for his or her conditional discharge under section 13A or for his or her unconditional discharge” for “whether for further detention, care or treatment in a designated centre or for his or her discharge whether unconditionally or subject to conditions for out-patient treatment or supervision or both”.

Conditional discharge order.

8.— The Act of 2006 is amended by the insertion of the following sections after section 13:

“Persons may be discharged subject to conditions, etc.

13A.— (1) Subject to subsection (2), the Review Board may, when reviewing the detention of a patient under section 13, make an order for the discharge of the patient subject to such conditions, including conditions relating to out-patient treatment or supervision or both, as it considers appropriate (in this Act referred to as a ‘conditional discharge order’).

(2) The Review Board shall not make a conditional discharge order in respect of a patient until it is satisfied that such arrangements as appear necessary to the clinical director of the designated centre concerned have been made in respect of the patient, and for that purpose, the clinical director concerned shall make such arrangements as may be necessary for—

(a) facilitating compliance by the patient who is the subject of the proposed order with the conditions of the order,

(b) the supervision of the patient, and

(c) providing for the return of the patient to the designated centre under section 13B in the event that he or she is in material breach of his or her conditional discharge order.

(3) Where the Review Board makes...

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