Conditional discharges for six patients in 2024
The annual report of the Mental Health (Criminal Law) Review Board (MHRB) shows that it granted conditional discharges to six patients last year, compared with five in 2023.
There were two applications for unconditional discharges during the year – one of which was granted, with the other postponed for rescheduling this year.
Hearings in early 2024 also resulted in two of three applications received in 2023 being granted, with one refused, according to the report.
101 patients
There was also one application for an amendment to a conditional discharge, which the board refused.
The independent body held 208 reviews of the detention of 101 patients – up from 187 reviews of 88 patients in the previous year.
Of the 101 patients whose detention was reviewed, 43 had been charged with, or convicted of murder. Most of the victims of these offences, or alleged offences, were family members of the patient.
The board, which was set up in 2006 under section 11 of the Criminal Law (Insanity) Act 2006, reviews the detention of patients who have been referred to designated centres after a court decision that they are unfit to stand trial, or those who have been found not guilty of an offence by reason of insanity.
Panel of legal representatives
Under legislation, the MRHB must review the detention of each patient at intervals of not greater than six months, but additional hearings can also be held on the initiative of the board, or at the request of a patient or the CMH’s clinical director.
The board must assign a legal representative to each patient subject to a review, and it set up a panel of legal representatives for this purpose in 2006.
At the end of 2024, there were 23 members on this panel. Four additional members were appointed during the year, but two resigned.
The average number of cases assigned to solicitors on the panel in 2024 was ten, according to the board’s annual report.
During 2024, Mr Justice Iarfhlaith O’Neill retired from his position as chair, being replaced by Mr Justice Seamus Noonan.