(LRC Revised)

Number 11 of 2006

CRIMINAL LAW (INSANITY) ACT 2006

REVISED

Updated to 1 November 2023

Changes to legislation

as of 10 July 2026, this Act is up to date with all changes known to be in force.

This Revised Act is an administrative consolidation of the

Criminal Law (Insanity) Act 2006

. It is prepared by the Law Reform Commission in accordance with its function under

the

Law Reform Commission Act 1975

(3/1975) to keep the law under review and to undertake revision and consolidation

of statute law.

All Acts up to and including the

Screening of Third Country

Transactions Act 2023

(28/2023), enacted 31 October 2023, and all statutory

instruments up to and including the

Criminal Justice (Miscellaneous Provisions) Act

2023 (Commencement) (No. 2) Order 2023

(S.I. No. 525 of 2023), made 31 October

2023, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act,

the Law Reform Commission can assume no responsibility for and give no guarantees,

undertakings or warranties concerning the accuracy, completeness or up to date nature

of the information provided and does not accept any liability whatsoever arising from

any errors or omissions. Please notify any errors, omissions and comments by email

to

revisedacts@lawreform.ie.

Number

11

of

2006

CRIMINAL LAW (INSANITY) ACT 2006

REVISED

Updated to 1 November

2023

ARRANGEMENT OF SECTIONS

Section

1. Interpretation.

2. Orders.

3. Designated centres.

4. Fitness to be tried.

5. Verdict of not guilty by reason of insanity.

6. Diminished responsibility.

7. Appeals (fitness to be tried).

8. Appeals (not guilty by reason of insanity).

9. Appeals (supplemental provisions).

10. Establishment day.

11. Mental Health (Criminal Law) Review Board.

12. Powers of Review Board.

13. Review of detention.

13A. Persons may be discharged subject to conditions, etc.

13B. Material breach of conditional discharge order.

13C. Arrangements to provide services.

14. Temporary release, transfer and other matters.

15. Transfer of prisoner to designated centre.

16. Clinical director of designated centre to be notified of date on which prisoner

detained in centre ceases to be prisoner, etc.

17. Review of prisoner’s detention in designated centre.

18. Transfer back to prison.

19. Notice to be given of intention to adduce evidence as to mental condition, etc.

20. Application to existing detentions.

21. Amendment of Defence Act 1954.

22. Amendment of Infanticide Act 1949.

23. Expenses.

24. Grants to Review Board.

25. Repeals and transitional provision.

26. Short title and commencement.

SCHEDULE 1

Mental Health (Criminal Law) Review Board

SCHEDULE 2

Enactments Repealed

Acts Referred to

Central Criminal Lunatic Asylum (Ireland) Act 1845

8 & 9 Vic., c. 107

Civil Service Regulation Act 1956

1956, No. 46

Courts of Justice Act 1924

1924, No. 10

Criminal Justice Act 1960

1960, No. 27

Criminal Justice Act 1999

1999, No. 10

Criminal Lunatics Act 1800

39 & 40 Geo. 3, c. 94

Criminal Lunatics (Ireland) Act 1838

1 & 2 Vic., c. 27

Criminal Procedure Act 1967

1967, No. 12

Defence Act 1954

1954, No. 18

Infanticide Act 1949

1949, No. 16

Juries Act 1976

1976, No. 4

Lunacy (Ireland) Act 1821

1 & 2 Geo. 4, c. 33

Lunatic Asylums (Ireland) Act 1875

38 & 39 Vic., c. 67

Medical Practitioners Acts 1978 to 2002

Mental Health Act 2001

2001, No. 25

Trial of Lunatics Act 1883

46 & 47 Vic., c. 38

Number

11

of

2006

CRIMINAL LAW (INSANITY) ACT 2006

REVISED

Updated to 1 November

2023

AN ACT TO AMEND THE LAW RELATING TO THE TRIAL AND DETENTION OF PERSONS SUFFERING

FROM MENTAL DISORDERS WHO ARE CHARGED WITH OFFENCES OR FOUND NOT GUILTY BY REASON

OF INSANITY, TO AMEND THE LAW RELATING TO UNFITNESS TO PLEAD AND THE SPECIAL VERDICT,

TO PROVIDE FOR THE COMMITTAL OF SUCH PERSONS TO DESIGNATED CENTRES AND FOR THE INDEPENDENT

REVIEW OF THE DETENTION OF SUCH PERSONS AND, FOR THOSE PURPOSES, TO PROVIDE FOR THE

ESTABLISHMENT OF A BODY TO BE KNOWN AS AN BORD ATHBHREITHNITHE MEABHAIR-SHLÁINTE (AN DLÍ COIRIÚIL), OR, IN THE ENGLISH LANGUAGE, THE MENTAL HEALTH (CRIMINAL LAW) REVIEW BOARD, TO

REPEAL THE TRIAL OF LUNATICS ACT 1883, TO AMEND THE INFANTICIDE ACT 1949, AND TO PROVIDE

FOR RELATED MATTERS.

[12

th April

, 2006]

BE IT ENACTED BY THE OIREACHTAS

AS FOLLOWS

Annotations

Modifications (not altering text)

C1

Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by

Finance (Transfer of Departmental Administration and Ministerial Functions) Order

2011

(S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2).

2. (1) The administration and

business in connection with the performance of any functions transferred by

this Order are transferred to the Department of Public Expenditure and

Reform.

(2) References to the

Department of Finance contained in any Act or instrument made thereunder and

relating to the administration and business transferred by paragraph (1) shall,

on and after the commencement of this Order, be construed as references to the

Department of Public Expenditure and Reform.

3. The functions conferred on

the Minister for Finance by or under the provisions of —

(

a

) the enactments

specified in Schedule 1, and

(

b

) the statutory

instruments specified in Schedule 2,

are transferred to the Minister

for Public Expenditure and Reform.

...

5. References to the Minister

for Finance contained in any Act or instrument under an Act and relating to any

functions transferred by this Order shall, from the commencement of this Order,

be construed as references to the Minister for Public Expenditure and

Reform.

...

Schedule 1

Enactments

...

Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

(1)

(2)

(3)

...

...

...

No. 11 of 2006

Criminal Law (Insanity) Act 2006

Sections 12(6)(a) and 24

...

...

...

C2

References to “Department of Justice, Equality and Law Reform” and “Minister for Justice, Equality and Law Reform” construed (2.04.2011) by

Justice and Law Reform (Alteration of Name of Department and Title of Minister) Order

2011

(S.I. No. 138 of 2011), in effect as per art. 1(2).

4. In an enactment or

instrument made under an enactment—

(

a

) references

to the Department of Justice and Law Reform shall be construed as references to

the Department of Justice and Equality;

(

b

) references

to the Minister for Justice and Law Reform shall be construed as references to

the Minister for Justice and Equality.

C3

Power of Court-Martial Appeal Court to make certain orders as may be necessary for

the purpose of doing justice in accordance with Act provided by

Court Martial Appeals Act 1983

(19/1983), s. 19C(4), as inserted (1.09.2008) by

Defence (Amendment) Act 2007

(24/2007), s. 11 and sch. 4 part 1, S.I. No. 254 of 2008.

Appeals (supplementary

provisions).

19C

.—...

(4) The powers of the Court in an appeal under section 19A or 19B of this Act or

subsection (1) of this section shall include the power to make any such order as may

be necessary for the purpose of doing justice in accordance with the provisions of

this Act and the Criminal Law (Insanity) Act 2006.

Editorial Notes

E1

Application of

Prisons Act 2007

(10/2007), s. 33, extended to applications to court using videolink in criminal proceedings

where the accused or person convicted of the offence concerned is in a designated

centre within the meaning of the Act (29.08.2008) by

Prisons Act 2007

(10/2007), s. 34, S.I. No. 337 of 2008.

E2

Application of

Social Welfare Consolidation Act 2005

(26/2005), s. 249, confirmed not restricted in respect of any period during which

a person is found not guilty by reason of insanity under Act and is detained in any

institution for the treatment of mental illness or infectious disease

• (29.03.2007) by

Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007

(S.I. No. 142 of 2007), reg. 218(1)(a), in effect as per reg. 2, subsequently substituted

(21.11.2011) by

Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 6) (Civil

Partnership) Regulations 2011

(S.I. No. 604 of 2011), reg. 16(m)(i).

• (12.03.2007) by

Social Welfare (Consolidated Occupational Injuries) Regulations 2007

(S.I. No. 102 of 2007), reg. 72(1)(a), in effect as per reg. 2.

• (15.12.2006) by

Social Welfare (Claims and Payments) Regulations 1952

(S.I. No. 374 of 1952), reg. 17C(1)(a), as inserted by

Social Welfare (Occupational Injuries)(Amendment)(No. 1)(Miscellaneous Provisions)

Regulations 2006

(S.I. No. 695 of 2006), reg. 3(c), in effect as per reg. 2.

• (11.12.2006) by

Social Welfare (Consolidated Payments Provisions) Regulations 1994

(S.I. No. 417 of 1994), reg. 123H(1)(a), as inserted by

Social Welfare (Consolidated Payments Provisions)(Amendment)(No. 15)(Absence From

State and Imprisonment) Regulations 2006

(S.I. No. 696 of 2006), reg. 2.

E3

Previous affecting provision: references to “Department of Justice, Equality and Law Reform” and “Minister for Justice, Equality and Law Reform” construed (2.06.2010) by

Justice, Equality and Law Reform (Alteration of Name of Department and Title of Minister)

Order 2010

(S.I. No. 216 of 2010), in effect as per art. 1(2).

Annotations

Modifications (not altering text)

C1

Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by

Finance (Transfer of Departmental Administration and Ministerial Functions) Order

2011

(S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2).

2. (1) The administration and

business in connection with the performance of any functions transferred by

this Order are transferred to the Department of Public Expenditure and

Reform.

(2) References to the

Department of Finance contained in any Act or instrument made thereunder and

relating to the administration and business transferred by paragraph (1) shall,

on and after the commencement of this Order, be construed as references to the

Department of Public Expenditure and Reform.

3. The functions conferred on

the Minister for Finance by or under the provisions of —

(

a

) the enactments

specified in Schedule 1, and

(

b

) the statutory

instruments specified in Schedule 2,

are transferred to the Minister

for Public Expenditure and Reform.

...

5. References to the Minister

for Finance contained in any Act or instrument under an Act and relating to any

functions transferred by this Order shall, from the commencement of this Order,

be construed as references to the Minister for Public Expenditure and

Reform.

...

Schedule 1

Enactments

...

Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

(1)

(2)

(3)

...

...

...

No. 11 of 2006

Criminal Law (Insanity) Act 2006

Sections 12(6)(a) and 24

...

...

...

C2

References to “Department of Justice, Equality and Law Reform” and “Minister for Justice, Equality and Law Reform” construed (2.04.2011) by

Justice and Law Reform (Alteration of Name of Department and Title of Minister) Order

2011

(S.I. No. 138 of 2011), in effect as per art. 1(2).

4. In an enactment or

instrument made under an enactment—

(

a

) references

to the Department of Justice and Law Reform shall be construed as references to

the Department of Justice and Equality;

(

b

) references

to the Minister for Justice and Law Reform shall be construed as references to

the Minister for Justice and Equality.

C3

Power of Court-Martial Appeal Court to make certain orders as may be necessary for

the purpose of doing justice in accordance with Act provided by

Court Martial Appeals Act 1983

(19/1983), s. 19C(4), as inserted (1.09.2008) by

Defence (Amendment) Act 2007

(24/2007), s. 11 and sch. 4 part 1, S.I. No. 254 of 2008.

Appeals (supplementary

provisions).

19C

.—...

(4) The powers of the Court in an appeal under section 19A or 19B of this Act or

subsection (1) of this section shall include the power to make any such order as may

be necessary for the purpose of doing justice in accordance with the provisions of

this Act and the Criminal Law (Insanity) Act 2006.

Editorial Notes

E1

Application of

Prisons Act 2007

(10/2007), s. 33, extended to applications to court using videolink in criminal proceedings

where the accused or person convicted of the offence concerned is in a designated

centre within the meaning of the Act (29.08.2008) by

Prisons Act 2007

(10/2007), s. 34, S.I. No. 337 of 2008.

E2

Application of

Social Welfare Consolidation Act 2005

(26/2005), s. 249, confirmed not restricted in respect of any period during which

a person is found not guilty by reason of insanity under Act and is detained in any

institution for the treatment of mental illness or infectious disease

• (29.03.2007) by

Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007

(S.I. No. 142 of 2007), reg. 218(1)(a), in effect as per reg. 2, subsequently substituted

(21.11.2011) by

Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 6) (Civil

Partnership) Regulations 2011

(S.I. No. 604 of 2011), reg. 16(m)(i).

• (12.03.2007) by

Social Welfare (Consolidated Occupational Injuries) Regulations 2007

(S.I. No. 102 of 2007), reg. 72(1)(a), in effect as per reg. 2.

• (15.12.2006) by

Social Welfare (Claims and Payments) Regulations 1952

(S.I. No. 374 of 1952), reg. 17C(1)(a), as inserted by

Social Welfare (Occupational Injuries)(Amendment)(No. 1)(Miscellaneous Provisions)

Regulations 2006

(S.I. No. 695 of 2006), reg. 3(c), in effect as per reg. 2.

• (11.12.2006) by

Social Welfare (Consolidated Payments Provisions) Regulations 1994

(S.I. No. 417 of 1994), reg. 123H(1)(a), as inserted by

Social Welfare (Consolidated Payments Provisions)(Amendment)(No. 15)(Absence From

State and Imprisonment) Regulations 2006

(S.I. No. 696 of 2006), reg. 2.

E3

Previous affecting provision: references to “Department of Justice, Equality and Law Reform” and “Minister for Justice, Equality and Law Reform” construed (2.06.2010) by

Justice, Equality and Law Reform (Alteration of Name of Department and Title of Minister)

Order 2010

(S.I. No. 216 of 2010), in effect as per art. 1(2).

ARRANGEMENT OF SECTIONS

Section

1. Interpretation.

2. Orders.

3. Designated centres.

4. Fitness to be tried.

5. Verdict of not guilty by reason of insanity.

6. Diminished responsibility.

7. Appeals (fitness to be tried).

8. Appeals (not guilty by reason of insanity).

9. Appeals (supplemental provisions).

10. Establishment day.

11. Mental Health (Criminal Law) Review Board.

12. Powers of Review Board.

13. Review of detention.

13A. Persons may be discharged subject to conditions, etc.

13B. Material breach of conditional discharge order.

13C. Arrangements to provide services.

14. Temporary release, transfer and other matters.

15. Transfer of prisoner to designated centre.

16. Clinical director of designated centre to be notified of date on which prisoner

detained in centre ceases to be prisoner, etc.

17. Review of prisoner’s detention in designated centre.

18. Transfer back to prison.

19. Notice to be given of intention to adduce evidence as to mental condition, etc.

20. Application to existing detentions.

21. Amendment of Defence Act 1954.

22. Amendment of Infanticide Act 1949.

23. Expenses.

24. Grants to Review Board.

25. Repeals and transitional provision.

26. Short title and commencement.

SCHEDULE 1

Mental Health (Criminal Law) Review Board

SCHEDULE 2

Enactments Repealed