Amicus Curiae - Criminal Law Insanity Legislation
J.B. v Mental Health (Review Board) & Others - Settled
In October 2009, the IHRC applied to the Supreme Court for liberty to appear in this case and the application was granted. The case concerned the ongoing detention of the Appellant (found not guilty of murder by reason of insanity) in the Central Mental Hospital, in circumstances where the Mental Health (Criminal Law) Review Board (which is obliged to review such detentions) determined that the person should be released subject to certain conditions, but where the conditions could not be legally enforced.
The IHRC's submissions were filed with the Court in November 2009. Although a priority date for hearing was set, the matter was adjourned on successive occasions.
The introduction of the Criminal Law (Insanity) Act 2010 - passed in December 2010 - saw the matter struck out by the Supreme Court on 17 February 2011 on the basis that the Appellant considered that the human rights issues raised in the case had been addressed with the passing of the new legislation.