Criminal procedure and mental health

Abstract

This thesis is a critical evaluation of criminal procedure and mental health in Ireland, concentrating in particular on fitness to plead, insanity acquittals, transfers from ordinary mental hospitals to the Central Mental Hospital and transfers from prisons to mental hospitals. Throughout the thesis, constitutional and human rights considerations are emphasised. A broadening of the existing definition of fitness to plead is suggested, to cover defendants’ analytic capacity as well as their cognitive abilities. A ‘trial of the facts’ procedure is proposed to ensure that the strength of the prosecution’s case is tested before it is possible to detain a person. However, proposals to allow postponement of the issue of fitness until the prosecution case has ended would conflict with the right to a fair trial. The question of fitness to plead in the District Court needs to be clarified in legislation.