Written Answers. - Guilty But Insane Plea.
34 Mr. Connolly asked the Minister for Justice the plans, if any, she has to implement the recommendations of the Henchy Committee regarding the verdict of guilty but insane. [9754/96]
Comment on this
46 Mr. O'Donoghue asked the Minister for Justice the number of accused persons who successfully pleaded that they were guilty but insane to indictable criminal offences since 1 January 1938; the nature of the offence in each case; the period of detention in each case; and the plans, if any, she has to amend the Trial of Lunatics Act, 1883. [9734/96]
Comment on this
67 Mr. Lawlor asked the Minister for Justice the plans, if any, she has to amend the McNaughten Rules in relation to the plea of guilty but insane. [9751/96]
Comment on this
70 Mr. S. Brennan asked the Minister for Justice the plans, if any, she has to give legislative definition to the case of Doyle v. Wicklow County Council, 1973. [9753/96]
Comment on this
78 Mr. Flood asked the Minister for Justice the plans, if any, she has to amend the Criminal Lunatics Act, 1800, the Lunacy (Ireland) Act, 1821, the Lunatic Asylums (Ireland) Act, 1845, the Lunatic Asylums (Ireland) Act, 1875, the Trial of Lunatics Act, 1883 and the Criminal Justice Act, 1924. [9743/96]
Comment on this
I propose to take Questions Nos. 34, 46, 67, 70 and 78 together.
Work has been going on for some time now in my Department on the preparation of legislation to amend the law on criminal insanity. The legislation raised complex issues which have required careful consideration but the work is now virtually complete and I will publish a Bill on the matter as soon as possible.
The Bill will take account of the relevant recommendations of the Henchy Committee and of the decision in the case of Doyle v. Wicklow County Council and it will set out a definition of insanity for the purposes of the criminal law.
As regards the amendment of prior statutes, I do not understand the reference to the Criminal Justice Act, 1924 in Deputy Flood's question — I can find no such statue — but the other statues mentioned in his and Deputy O'Donoghue's questions will be amended or repealed as necessary, as well as any other existing Acts affected by the new legislation. The Bill will also deal with such issues as fitness to plead, diminished responsibility and the procedures governing the detention and release of persons found not guilty by reason of insanity.
As for the balance of Deputy O'Donoghue's question the information requested in the first two sentences could only be compiled in the Central and Circuit Criminal Courts by an examination of individual files relating to indictable criminal offences since 1938 — many of the files dated before 1970 are now part of the National Archives. The information requested in regard to periods of detention is not available from 1 January 1938. However, statistics received from the Central Mental Hospital indicate that a total of 436 patients were admitted to the hospital under guilty but insane criteria between 1850 and 1995.
The overall mean length of stay available in 408 cases was 12.1 years, including those who died in custody and those currently detained.