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Dáil Éireann debate -
Thursday, 10 Dec 1998

Vol. 498 No. 3

Written Answers - Proposed Legislation.

John Gormley

Question:

156 Mr. Gormley asked the Minister for Justice, Equality and Law Reform the plans, if any, he has to reform the criminal law in relation to insanity; and if he will make a statement on the matter. [27160/98]

A Bill to amend the law relating to criminal insanity is at present being drafted in the parliamentary draftsman's office. The Bill is a complex one and I expect to be in a position to publish it in mid-1999.

The Bill will contain extensive provisions dealing with fitness to plead at a criminal trial. It will contain a definition of criminal insanity and provide for a new verdict of "not guilty by reason of insanity" to replace the present "guilty but insane" verdict. It will introduce a new plea of "guilty but with diminished responsibility" in cases of murder. In addition, it will establish a new review body whose function it will be to review the cases of persons detained after verdicts of not guilty by reason of insanity or findings of unfitness to plead.
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