People fit for discharge ‘still detained’ at mental hospital

PEOPLE are being detained at the Central Mental Hospital despite being deemed fit for discharge because there is no way to enforce conditions for their release.

The state body charged with reviewing court-ordered detentions called for changes in the law to ensure safeguards can be put in place for patients and the public. The Department of Justice last night said it was drafting amendments to the Criminal Law (Insanity) Act 2006 to address the problem.

Under the act, the courts can detain people at the Central Mental Hospital who are unfit to be tried or who have been found not guilty of an offence by reason of insanity. The Mental Health Review Board is responsible for reviewing these detentions and can order either continuing detention or discharge. Discharge can be unconditional or subject to conditions, such as treatment or supervision in the community.

Board chairman Justice Brian McCracken said it carried out 150 reviews and made only one order for unconditional discharge.

“However, it made no orders for conditional discharge by reason of the fact that, while the board is empowered to make a conditional order, it believed on legal advice that any conditions which it might impose would not be enforceable,” said Judge McCracken.

“The board is concerned that the prolonging of deprivation of liberty by reason of the lack of enforceability could become an issue in the absence of powers to discharge with enforceable conditions.”

A spokesman for the department said: “A bill to provide for this amendment is being prepared by the department and its publication is expected early in 2010. It is intended that the amendment will address the issues raised by the board.”