Fitness to Plead
The Irish Human Rights Commission has been granted permission by the High Court to appear as amicus curiae (non-partisan friend of the court) in the proceedings B.G. v District Judge Catherine Murphy, the Director of Public Prosecutions, Ireland and the Attorney General pursuant to Section 8(h) of the Human Rights Commission Act 2000.
The case arises from the prosecution (for sexual assault) of an individual with significant mental disabilities, where an issue arises as to the individual's fitness for trial within the meaning of Section 4 of the Criminal Law (Insanity) Act 2006. As the legislation requires the case to be sent forward from the District Court to the Circuit Court for trial, the individual may face more severe penalties as a consequence, if convicted.
The High Court will consider whether Section 4 is Constitutional or in the alternative whether it is compatible with the State's obligations under the European Convention on Human Rights.
The statutory provisions which fall for consideration under the Constitution and ECHR in this case are Section 13(2) of the Criminal Procedure Act 1967 as amended, Section 2 of the Criminal Law (Rape) (Amendment) Act 1990 (as amended) and Section 4 of the Criminal Law (Insanity) Act 2006 as amended.
The IHRC will present written and oral submissions in the case which will be held over 2 days on 22 November next.
The full text of the IHRC's written submissions will be made available on the IHRC's website www.ihrc.ie on the final day of trial.