Mentally ill murder accused may not be released immediately if challenge succeeds

It is accepted Central Mental Hospital does not have bed capacity, but court must answer consequences of finding man's detention unlawful under Article 40 of the Constitution, says counsel

The 103-bed CMH in Dundrum is the only institution for holding and treating severely mentally ill people in the criminal justice system. File picture:  Frank Miller

A mentally ill murder accused, who cannot be transferred from a remand prison to the Central Mental Hospital (CMH) because of a lack of beds, would not have to be released immediately if a legal challenge over his detention succeeds, the High Court heard.

While a challenge to the legality of detention usually results in a person being released, in this case the man involved could continue to be held in prison to see if that would allow him to be moved up the CMH waiting list, Michael O'Higgins, for the man, told the court today.