Dáil Éireann Debate, Thursday - 10 July 2008
801 Deputy Thomas P. Broughan asked the Minister for Justice, Equality and Law Reform the law as it currently stands for finding an accused person not guilty for reasons of insanity; if he is currently considering reviewing the not guilty by reason of insanity defence and the introduction of a guilty but insane verdict or a guilty but mentally ill verdict; and if he will make a statement on the matter. [29044/08]
View answerI would refer the Deputy to the provisions of the Criminal Law (Insanity) Act 2006 which came into effect on 1 June, 2006. Among other things that Act provided for the new verdict of not guilty by reason of insanity which replaced the special verdict of guilty but insane at common law. I have no plans to review the matter.
I should say that the provisions of the Act were generally well received in both Houses of the Oireachtas, especially the provision in question. It had long been recognised that the former verdict is a contradiction in terms. In its new formulation the verdict takes better account of the fact that the defence of insanity in the criminal law marks a crucial boundary between those whom the law considers responsible, and therefore answerable for their conduct, and those who are not responsible but require medical/psychiatric care or treatment.
