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Sentencing people with cognitive or mental health impairments    

Reference received: 26 April 2007

New terms of reference issued: 17 September 2007

Terms of reference (Reference 120)

Pursuant to s 10 of the Law Reform Commission Act 1967, the Law Reform Commission is to undertake a general review of the criminal law and procedure applying to people with cognitive and mental health impairments, with particular regard to:

  1. s 32 and s 33 of the Mental Health (Criminal Procedure) Act 1990
  2. fitness to be tried
  3. the defence of "mental illness"
  4. the consequences of being dealt with via the above mechanisms on the operation of Part 10 of the Crimes (Forensic Procedures) Act 2000, and
  5. sentencing.