Courts / Dublin / Report

Mentally ill murder accused to remain in prison until bed becomes available

Date
2021-04-01
Stage
Appeal
Primary locality
Portrane
County
Dublin

Summary

A 26‑year‑old man, whose name is protected by the High Court, is awaiting trial for an alleged murder and requires treatment at the Central Mental Hospital (CMH). Because CMH has no available beds, he is being held in Cloverhill Prison. His lawyers argued that his detention was unlawful, citing a consultant psychiatrist, Dr Conor O'Neill, who said the only appropriate place for treatment is CMH. The Court of Appeal, led by Mr Justice George Birmingham, upheld the High Court's decision to keep him in prison until a bed opens. Birmingham described the case as a "resources case" and said that release would only be justified by an egregious breach of his fundamental rights, which was not present. He noted that the man is currently receiving psychiatric care and medication at Cloverhill, and that the state is preparing a new facility at Portrane to increase bed capacity. The other judges agreed with the decision.

Who, what, where, when and why

What: Report matter: Mentally ill murder accused to remain in prison until bed becomes available. Procedural stage: appeal

When:

Places mentioned

Facility
  • Central Mental Hospital
  • Cloverhill Prison
Court Venue
  • Court of Appeal
  • High Court
Secondary Mention

Topics

Stage Appeal Violent Crime

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