Changes to law on mentally ill

Long-planned changes to the law relating to people charged with serious crimes who suffer from mental illnesses are to come into…

Long-planned changes to the law relating to people charged with serious crimes who suffer from mental illnesses are to come into force in six weeks, Minister for Justice Michael McDowell has announced.

The changes will update criminal insanity laws dating back to the late 19th century, and will introduce reforms recommended 28 years ago.

The laws will introduce the concept of "diminished responsibility" into law, for people charged with murder who were suffering from mental instability or a mental disorder at the time.

It will be in addition to the verdict of "not guilty by reason of insanity" and will provide more flexibility to courts in murder cases involving people suffering from psychiatric disorders.

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The provisions in the Act, signed into law yesterday by President Mary McAleese, will also allow courts to refer persons with mental illness for care or treatment in designated psychiatric centres on an inpatient or outpatient basis, as an alternative to prison.

The legislation also allows for the establishment of a mental health review board, which will review all cases of detention of those found not guilty by reason of insanity or who were unfit to be tried.

The board will also be responsible for overseeing people who have been convicted of crimes, but who subsequently become mentally ill.

The board will have the power to discharge persons under its charge, either on an unconditional basis or subject to conditions.