Task force urges tightening of rules for insanity pleas

A TASK FORCE has recommended tightening the three-part test that is needed to find a defendant not guilty by reason of insanity.

The recommendation was made in a report by the High Level Taskforce set up to consider the mental health and addiction challenges of people who come in contact with the judicial system.

The task force report contained recommendations on how public bodies and services can ensure the critical mental health needs for people in prison are met and how addiction services are rolled out across Ireland’s prisons.

Among its recommendations is a narrowing of the tests needed to find a person not guilty by reason of insanity.

A person will be considered legally insane if they were suffering from a mental disorder at the time of the offence and, as a result, did not understand what they were doing; did not know what they were doing was wrong; or were unable to refrain from committing the crime.

The report said the legally required diagnostic step should be preserved. However the three-part test of insanity should be narrowed as the capacities referred to are ‘not mutually exclusive’.

It added: ‘The complete negation of responsibility leading to a verdict of not guilty by reason of insanity (NGRI) should have a high threshold. To be found NGRI should require the presence of mental disorder and all three conditional tests. Those meeting a lesser standard should instead be considered under diminished responsibility.

‘In addition, the term “unable to refrain from committing the act” is difficult to interpret clinically and should be abolished.’

While the plea is rarely used in Irish courts, it has been seen in several recent high-profile cases.