Criminal Law (Insanity) Act 2006

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Number 11 of 2006


CRIMINAL LAW (INSANITY) ACT 2006


ARRANGEMENT OF SECTIONS

Section

1. Interpretation.

2. Orders.

3. Designated centres.

4. Fitness to be tried.

5. Verdict of not guilty by reason of insanity.

6. Diminished responsibility.

7. Appeals (fitness to be tried).

8. Appeals (not guilty by reason of insanity).

9. Appeals (supplemental provisions).

10. Establishment day.

11. Mental Health (Criminal Law) Review Board.

12. Powers of Review Board.

13. Review of detention.

14. Temporary release, transfer and other matters.

15. Transfer of prisoner to designated centre.

16. Clinical director of designated centre to be notified of date on which prisoner detained in centre ceases to be prisoner, etc.

17. Review of prisoner’s detention in designated centre.

18. Transfer back to prison.

19. Notice to be given of intention to adduce evidence as to mental condition, etc.

20. Application to existing detentions.

21. Amendment of Defence Act 1954.

22. Amendment of Infanticide Act 1949.

23. Expenses.

24. Grants to Review Board.

25. Repeals and transitional provision.

26. Short title and commencement.

SCHEDULE 1

Mental Health (Criminal Law) Review Board

SCHEDULE 2

Enactments Repealed


Acts Referred to

Central Criminal Lunatic Asylum (Ireland) Act 1845

8 & 9 Vic., c. 107

Civil Service Regulation Act 1956

1956, No. 46

Courts of Justice Act 1924

1924, No. 10

Criminal Justice Act 1960

1960, No. 27

Criminal Justice Act 1999

1999, No. 10

Criminal Lunatics Act 1800

39 & 40 Geo. 3, c. 94

Criminal Lunatics (Ireland) Act 1838

1 & 2 Vic., c. 27

Criminal Procedure Act 1967

1967, No. 12

Defence Act 1954

1954, No. 18

Infanticide Act 1949

1949, No. 16

Juries Act 1976

1976, No. 4

Lunacy (Ireland) Act 1821

1 & 2 Geo. 4, c. 33

Lunatic Asylums (Ireland) Act 1875

38 & 39 Vic., c. 67

Medical Practitioners Acts 1978 to 2002

Mental Health Act 2001

2001, No. 25

Trial of Lunatics Act 1883

46 & 47 Vic., c. 38

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Number 11 of 2006


CRIMINAL LAW (INSANITY) ACT 2006


AN ACT TO AMEND THE LAW RELATING TO THE TRIAL AND DETENTION OF PERSONS SUFFERING FROM MENTAL DISORDERS WHO ARE CHARGED WITH OFFENCES OR FOUND NOT GUILTY BY REASON OF INSANITY, TO AMEND THE LAW RELATING TO UNFITNESS TO PLEAD AND THE SPECIAL VERDICT, TO PROVIDE FOR THE COMMITTAL OF SUCH PERSONS TO DESIGNATED CENTRES AND FOR THE INDEPENDENT REVIEW OF THE DETENTION OF SUCH PERSONS AND, FOR THOSE PURPOSES, TO PROVIDE FOR THE ESTABLISHMENT OF A BODY TO BE KNOWN AS AN BORD ATHBHREITHNITHE MEABHAIR-SHL?INTE (AN DL? COIRIÚIL), OR, IN THE ENGLISH LANGUAGE, THE MENTAL HEALTH (CRIMINAL LAW) REVIEW BOARD, TO REPEAL THE TRIAL OF LUNATICS ACT 1883, TO AMEND THE INFANTICIDE ACT 1949, AND TO PROVIDE FOR RELATED MATTERS.

[12th April, 2006]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: