Courts / Kilkenny / Report

The baffling nexus between criminal law and mental health

Summary

The article discusses how, since the start of the legal term, two murder trials resulted in defendants pleading not guilty by reason of insanity, with juries finding them not guilty after brief deliberations. Both cases involved young men with delusions of persecution who stabbed victims, and the prosecution and defence agreed the men were legally insane. Judges had effectively instructed juries on the verdict. The piece explains that Section 5 of the Criminal Justice (Insanity) Act 2006 allows such pleas and requires psychiatric testimony. It notes that when both sides agree on insanity, the trial still proceeds, which the author finds absurd. The article cites additional cases, including a 2012 trial involving a former MEP's son, to illustrate the system's inefficiencies and potential for miscarriages of justice. It concludes by suggesting a non‑criminal proceeding could better protect vulnerable individuals while reducing the burden on the court system. The unnamed accused was acquitted.

Who, what, where, when and why

What: Report matter: The baffling nexus between criminal law and mental health. Procedural stage: finding. Findings: Acquitted

When:

• July 20th, 2016 Hearing Or Sentence
• 2016-02-10 Publication

Case subjects

Places mentioned

Topics

Stage Finding Violent Crime

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Read the original CNI report