A psychiatrically disturbed man who has been found presently unfit to be tried on assault charges has been detained in prison for more than three months because there is no suitable place available to assess him as required by new mental health legislation, it has emerged at the High Court.
The delay in assessing the man and providing him with appropriate treatment is also delaying the criminal justice process as the provisions of the recent Criminal Law (Insanity) Act 2006 halt the criminal process until the man is found fit to be tried, it was stated.
Mr Justice Michael Peart was told the man would recover more rapidly if he was in an appropriate setting such as the Central Mental Hospital, but there are no beds available there to assess him. The man is in Cloverhill Prison, which is a remand prison and unsuitable to address his needs, the court heard.
Mary Ellen Ring SC, for the man, yesterday secured leave to bring judicial review proceedings, arguing that his continued detention in the prison is in breach of his rights under the Constitution and European Convention on Human Rights.
The man is also seeking an order directing the Minister for Health to designate a centre under the 2006 Act to receive and detain him for appropriate care and treatment and to direct that a bed be made available for him. The judge returned that injunction application to Friday next.
The man was charged on September 1st last with an offence of assault and possession of an offensive weapon and remanded in custody.
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