Criminal Law (Insanity) Act 2006



1.— In this Act, save where the context otherwise requires—

“act” includes omission and references to committing an act include references to making an omission;

“the Act of 2001” means the Mental Health Act 2001;

“approved medical officer” means a consultant psychiatrist (within the meaning of the Mental Health Act 2001);

“clinical director” has the meaning assigned to it by the Mental Health Act 2001, and, where an approved medical officer is duly authorised by a clinical director to perform his or her functions under this Act, the officer shall, in relation to those functions, be deemed, for the purposes of this Act, to be a clinical director;

“court” means any court exercising criminal jurisdiction and includes court martial;

“designated centre” shall be construed in accordance with section 3;

“establishment day” means the day appointed under section 10 to be the establishment day;

“intoxication” means being under the intoxicating influence of any alcoholic drink, drug, solvent or any other substance or combination of substances;

“legal representative” means a practising barrister or a practising solicitor;

“mental disorder” includes mental illness, mental disability, dementia or any disease of the mind but does not include intoxication;

“Minister” means the Minister for Justice, Equality and Law Reform;

“patient”, in sections 12 , F1[13, 13A, 13B] and 14, means a person detained in a designated centre pursuant to this Act;

“prison” means a place of custody administered by the Minister;

“prisoner” means a person who is in prison on foot of a sentence of imprisonment, on committal awaiting trial, on remand or otherwise;

“Review Board” means the Mental Health (Criminal Law) Review Board established under section 11;

“special court” means a special court established under Article 38.3.1° of the Constitution.




Substituted (8.02.2011) by Criminal Law (Insanity) Act 2010 (40/2010), s. 2, S.I. No. 50 of 2011.