Criminal Law (Insanity) Act 2006


Number 11 of 2006


CRIMINAL LAW (INSANITY) ACT 2006

REVISED

Updated to 13 April 2017


This Revised Act is an administrative consolidation of the Criminal Law (Insanity) Act 2006. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including Knowledge Development Box (Certification of Inventions) Act 2017 (6/2017), enacted 12 April 2017, and all statutory instruments up to and including Social Housing Assessments (Summary) Regulations 2013 (Revocation) Regulations 2017 (S.I. No. 161 of 2017), made 13 April 2017, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 11 of 2006


CRIMINAL LAW (INSANITY) ACT 2006

REVISED

Updated to 13 April 2017


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was first passed.

Related legislation

This Act is not collectively cited with any other Act.

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions. A version without annotations, showing only textual amendments, is also available.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1996, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Court of Appeal Act 2014 (18/2014)

Criminal Law Insanity Act 2010 (40/2010)

Criminal Procedure Act 2010 (27/2010)

Social Welfare and Pensions Act 2008 (2/2008)

Medical Practitioners Act 2007 (25/2007)

Defence (Amendment) Act 2007 (24/2007)

Prisons Act 2007 (10/2007)

Criminal Justice Act 2006 (26/2006)

Social Welfare Consolidation Act 2005 (26/2005)

Court Martial Appeals Act 1983 (19/1983)

Defence Act 1954 (18/1954)

All Acts up to and including Knowledge Development Box (Certification of Inventions) Act 2017 (6/2017), enacted 12 April 2017, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 6) (Civil Partnership) Regulations 2011 (S.I. No. 604 of 2011)

Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011)

Justice and Law Reform (Alteration of Name of Department and Title of Minister) Order 2011 (S.I. No. 138 of 2011)

Justice, Equality and Law Reform (Alteration of Name of Department and Title of Minister) Order 2010 (S.I. No. 216 of 2010)

Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007)

Social Welfare (Consolidated Occupational Injuries) Regulations 2007 (S.I. No. 102 of 2007)

Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 15) (Absence From State and Imprisonment) Regulations 2006 (S.I. No. 696 of 2006)

Social Welfare (Occupational Injuries) (Amendment) (No. 1) (Miscellaneous Provisions) Regulations 2006 (S.I. No. 695 of 2006)

Mental Health (Criminal Law) Review Board (Establishment Day) Order 2006 (S.I. No. 499 of 2006)

Criminal Law (Insanity) Act 2006 (Commencement) Order 2006 (S.I. No. 273 of 2006)

Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994)

Social Welfare (Claims and Payments) Regulations 1952 (S.I. No. 374 of 1952)

All statutory instruments up to and including Social Housing Assessments (Summary) Regulations 2013 (Revocation) Regulations 2017 (S.I. No. 161 of 2017), made 13 April 2017, were considered in the preparation of this revision.


Number 11 of 2006


CRIMINAL LAW (INSANITY) ACT 2006

REVISED

Updated to 13 April 2017



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


Number 11 of 2006


CRIMINAL LAW (INSANITY) ACT 2006

REVISED

Updated to 13 April 2017


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-SHLÁINTE (AN DLÍ 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.

[12 th April, 2006]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations:

Modifications (not altering text):

C1

Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2).

2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.

(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.

3. The functions conferred on the Minister for Finance by or under the provisions of —

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

...

5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.

...

Schedule 1

Enactments

...

Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

(1)

(2)

(3)

...

...

...

No. 11 of 2006

Criminal Law (Insanity) Act 2006

Sections 12(6)(a) and 24

...

...

...

C2

References to “Department of Justice, Equality and Law Reform” and “Minister for Justice, Equality and Law Reform” construed (2.04.2011) by Justice and Law Reform (Alteration of Name of Department and Title of Minister) Order 2011 (S.I. No. 138 of 2011), in effect as per art. 1(2).

4. In an enactment or instrument made under an enactment—

( a) references to the Department of Justice and Law Reform shall be construed as references to the Department of Justice and Equality;

( b) references to the Minister for Justice and Law Reform shall be construed as references to the Minister for Justice and Equality.

C3

Power of Court-Martial Appeal Court to make certain orders as may be necessary for the purpose of doing justice in accordance with Act provided by Court Martial Appeals Act 1983 (19/1983), s. 19C(4), as inserted (1.09.2008) by Defence (Amendment) Act 2007 (24/2007), s. 11 and sch. 4 part 1, S.I. No. 254 of 2008.

Appeals (supplementary provisions).

19C.—...

(4) The powers of the Court in an appeal under section 19A or 19B of this Act or subsection (1) of this section shall include the power to make any such order as may be necessary for the purpose of doing justice in accordance with the provisions of this Act and the Criminal Law (Insanity) Act 2006.

Editorial Notes:

E1

Application of Prisons Act 2007 (10/2007), s. 33, extended to applications to court using videolink in criminal proceedings where the accused or person convicted of the offence concerned is in a designated centre within the meaning of the Act (29.08.2008) by Prisons Act 2007 (10/2007), s. 34, S.I. No. 337 of 2008.

E2

Application of Social Welfare Consolidation Act 2005 (26/2005), s. 249, confirmed not restricted in respect of any period during which a person is found not guilty by reason of insanity under Act and is detained in any institution for the treatment of mental illness or infectious disease:

• (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), reg. 218(1)(a), in effect as per reg. 2, subsequently substituted (21.11.2011) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 6) (Civil Partnership) Regulations 2011 (S.I. No. 604 of 2011), reg. 16(m)(i).

• (12.03.2007) by Social Welfare (Consolidated Occupational Injuries) Regulations 2007 (S.I. No. 102 of 2007), reg. 72(1)(a), in effect as per reg. 2.

• (15.12.2006) by Social Welfare (Claims and Payments) Regulations 1952 (S.I. No. 374 of 1952), reg. 17C(1)(a), as inserted by Social Welfare (Occupational Injuries)(Amendment)(No. 1)(Miscellaneous Provisions) Regulations 2006 (S.I. No. 695 of 2006), reg. 3(c), in effect as per reg. 2.

• (11.12.2006) by Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), reg. 123H(1)(a), as inserted by Social Welfare (Consolidated Payments Provisions)(Amendment)(No. 15)(Absence From State and Imprisonment) Regulations 2006 (S.I. No. 696 of 2006), reg. 2.

E3

Previous affecting provision: references to “Department of Justice, Equality and Law Reform” and “Minister for Justice, Equality and Law Reform” construed (2.06.2010) by Justice, Equality and Law Reform (Alteration of Name of Department and Title of Minister) Order 2010 (S.I. No. 216 of 2010), in effect as per art. 1(2).