The Criminal Law (Insanity) Act 2006 and the Mental Health (Criminal Law) Review Board. A talk from 2009. Since then, the law has been changed by the Criminal Law (Insanity) Act 2010.
Un juge fédéral Texan a interdit lundi au département américain de la Défense de punir un groupe de Navy Seals et d'autres membres des forces spéciales qui ont refusé les vaccins pour des motifs religieux.
Par JULIEN G. - Vendredi 12 novembre, dans une décision nationale, la Cour d’Appel fédérale du 5e circuit de la Nouvelle Orléans, a ordonné l’interruption de l’obligation vaccinale, imposée par l’administration Biden, dans le secteur privé. C’est un nouveau revers de taille pour Joe Biden, dont le seul recours possible est maintenant la Cour Suprême des États-Unis (SCOTUS)
Un juge fédéral Texan a interdit lundi au département américain de la Défense de punir un groupe de Navy Seals et d'autres membres des forces spéciales qui ont refusé les vaccins pour des motifs religieux.
Par JULIEN G. - Vendredi 12 novembre, dans une décision nationale, la Cour d’Appel fédérale du 5e circuit de la Nouvelle Orléans, a ordonné l’interruption de l’obligation vaccinale, imposée par l’administration Biden, dans le secteur privé. C’est un nouveau revers de taille pour Joe Biden, dont le seul recours possible est maintenant la Cour Suprême des États-Unis (SCOTUS)
In anticipation of Vanderbilt professor Ingrid Wuerth’s lecture on November 6 at the University of Miami School of Law Library, we invite you to review her article on “Pinochet’s Legacy Reassessed.”
Indiana Governor Eric Holcomb files an appeal in a case where a Marion County Judge ruled state lawmakers do have the ability to call themselves into special session.
Comprehensive Cannabis Policy Review -- Bermuda -- Alan GordonCannabisPolicy
Cannabis Policy Reform suggestions for the Bermuda Government's new Cannabis Reform Collaborative committee. Includes medicinal, recreational, and other considerations to repair what are the Western Hemisphere's toughest cannabis laws (Bermuda's).
Indiana Governor Eric Holcomb files an appeal in a case where a Marion County Judge ruled state lawmakers do have the ability to call themselves into special session.
The decision by U.S. District Judge John Copenhaver Jr. that a zoning ordinance passed by three liberal Democrat commissioners in Fayette County, WV that blocks oil & gas wastewater injection wells in the county is illegal and unenforceable.
In anticipation of Vanderbilt professor Ingrid Wuerth’s lecture on November 6 at the University of Miami School of Law Library, we invite you to review her article on “Pinochet’s Legacy Reassessed.”
Indiana Governor Eric Holcomb files an appeal in a case where a Marion County Judge ruled state lawmakers do have the ability to call themselves into special session.
Comprehensive Cannabis Policy Review -- Bermuda -- Alan GordonCannabisPolicy
Cannabis Policy Reform suggestions for the Bermuda Government's new Cannabis Reform Collaborative committee. Includes medicinal, recreational, and other considerations to repair what are the Western Hemisphere's toughest cannabis laws (Bermuda's).
Indiana Governor Eric Holcomb files an appeal in a case where a Marion County Judge ruled state lawmakers do have the ability to call themselves into special session.
The decision by U.S. District Judge John Copenhaver Jr. that a zoning ordinance passed by three liberal Democrat commissioners in Fayette County, WV that blocks oil & gas wastewater injection wells in the county is illegal and unenforceable.
The Insanity Defence ~ An Analysis with Specific Reference to Section 84 of t...inventionjournals
The M’Naghten Rules and the test suggested therein came to be known as the “Right – Wrong” test.
Prior to this, a person who committed a crime and pleaded insanity was said to be possessed by evil sprits or
“wild beasts”. Confusion rules the roost when one attempts to analyse what exactly insanity is.
What are its borders? When can a person be called insane? What degree of loss of sanity is required, what is
the threshold between sanity and insanity are all questions that clamour for a clear answer which has been
evasive for a few centuries now and this evasiveness, the lack of answers to these pivotal questions, for a judge
or a jury, nay for the psychiatrist himself will remain.
A jury or a judge is called upon to declare guilt or pronounce innocence. A psychiatrist has a thankless job in
this context, which is certainly not going to cause any inconvenience to the judge or jury – it is by what the
psychiatrist says and how of it is comprehended in the correct sense by the jury and the judges – upon which the
fate of the accused hangs. He has to, through the evidence of the expert, the psychiatrist, prove that he was
insane or of unsound mind when the act in question was committed. An attempt is made here to understand the
medical and the legal aspects of the insanity defence.
Mental Health Act 2001 Toolkit Launch 10 Nov 2022Darius Whelan
The School of Law, University College Cork, has developed a Mental Health Act Toolkit in partnership with Mental Health Reform.
When people with mental health difficulties are admitted to mental health units, either on a voluntary or involuntary basis, it is vital that user-friendly, accessible, information is available regarding human rights. Access to this information is essential for people with mental health difficulties, their family members, advocates, supporters and carers. The Mental Health Act 2001 Toolkit is published on Mental Health Reform’s website.
Video of launch: https://youtu.be/cXOfqiMz77A
Toolkit:
https://www.mentalhealthreform.ie/mental-health-act-2001-toolkit/
Funded by the Irish Research Council.
Hunger Strikes in Prison: The Legal Issues Oct 2020Darius Whelan
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Copyright for Digital Learning
Darius Whelan
Irish Universities Association - Enhancing Digital Teaching and Learning in Irish Universities - Online Seminar, June 2020
Link to resources cited:
https://bit.ly/copyright_open_IUADigEd_June2020
Employees and Internet Use - Legal PerspectiveDarius Whelan
E Law Developments: Employees and Internet Use
Southern Law Association event, Cork, September 2019
Darius Whelan, School of Law, UCC
IT Law Clinic
http://www.ucc.ie/law/courses/
E Law Developments: Copyright Law
Southern Law Association event, Cork, September 2019
Darius Whelan, School of Law, UCC
IT Law Clinic
https://www.ucc.ie/en/law/courses/
LLM in Intellectual Property and E Law, University College Cork, IrelandDarius Whelan
LLM in Intellectual Property and E Law, University College Cork
School of Law
https://www.ucc.ie/en/lawsite/ucc-master's-law/
https://www.ucc.ie/en/ckl16/
Human Rights and Mental Health TribunalsDarius Whelan
Irish Association of Social Workers
Learning from each other; Critical Reflections on the intersections between the Mental Health Act 2001 and Human Rights.
Dublin, February 2019
Shari McDaid - The Mental Health Act 2001: Issues from a Coalition PerspectiveDarius Whelan
Dr Shari McDaid - The Mental Health Act 2001: Issues from a Coalition Perspective
Dr Shari McDaid is the Director of Mental Health Reform.
Presented at Mental Health Law Conference 2015 - Centre for Criminal Justice & Human Rights, School of Law, University College Cork and Irish Mental Health Lawyers Association.
25 April 2015
http://www.imhla.ie
#mhlaw2015
Dr Liz Brosnan: Voices from the Margin / Psychiatric Hegemony - Mental Health...Darius Whelan
Dr Liz Brosnan: Voices from the Margin / Psychiatric Hegemony.
Dr Liz Brosnan is a Sociologist and Survivor Activist.
Presented at Mental Health Law Conference 2015 - Centre for Criminal Justice & Human Rights, School of Law, University College Cork and Irish Mental Health Lawyers Association.
25 April 2015
http://www.imhla.ie
#mhlaw2015
Maria Morgan: The Mental Health Act 2001 from a Clinician's PerspectiveDarius Whelan
Dr Maria Morgan, Consultant Psychiatrist
The Mental Health Act 2001 from a Clinician's Perspective
Presented at Mental Health Law Conference 2015 - Centre for Criminal Justice & Human Rights, School of Law, University College Cork and Irish Mental Health Lawyers Association
25 April 2015
http://www.imhla.ie
#mhlaw2015
Anselm Eldergill: The Court of Protection and the Mental Capacity Act: Capaci...Darius Whelan
Judge Anselm Eldergill, Court of Protection
The Court of Protection and the Mental Capacity Act: Capacity to Change?
Presented at Mental Health Law Conference 2015 - Centre for Criminal Justice & Human Rights, School of Law, University College Cork and Irish Mental Health Lawyers Association
25 April 2015
http://www.imhla.ie
#mhlaw2015
Michael Lynn: Capacity and Consent Issues [presented at Mental Health Law Con...Darius Whelan
Capacity and Consent Issues - Mr Michael Lynn, Senior Counsel
Presented at Mental Health Law Conference 2015 - Centre for Criminal Justice & Human Rights, School of Law, University College Cork and Irish Mental Health Lawyers Association
25 April 2015
http://www.imhla.ie
#mhlaw2015
Developing Students' E-Literacy (Teaching and Learning)Darius Whelan
Presentation at University College Cork Digital Day, December 2014
http://www.ucc.ie/en/teachlearn/tel/digitalday2014/
Organised by Vice Presiodent for Teaching and Learning.
Ionad Bairre.
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Synthetic fiber production is a fascinating and complex field that blends chemistry, engineering, and environmental science. By understanding these aspects, students can gain a comprehensive view of synthetic fiber production, its impact on society and the environment, and the potential for future innovations. Synthetic fibers play a crucial role in modern society, impacting various aspects of daily life, industry, and the environment. ynthetic fibers are integral to modern life, offering a range of benefits from cost-effectiveness and versatility to innovative applications and performance characteristics. While they pose environmental challenges, ongoing research and development aim to create more sustainable and eco-friendly alternatives. Understanding the importance of synthetic fibers helps in appreciating their role in the economy, industry, and daily life, while also emphasizing the need for sustainable practices and innovation.
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Acetabularia acetabulum is a single-celled green alga that in its vegetative state is morphologically differentiated into a basal rhizoid and an axially elongated stalk, which bears whorls of branching hairs. The single diploid nucleus resides in the rhizoid.
Embracing GenAI - A Strategic ImperativePeter Windle
Artificial Intelligence (AI) technologies such as Generative AI, Image Generators and Large Language Models have had a dramatic impact on teaching, learning and assessment over the past 18 months. The most immediate threat AI posed was to Academic Integrity with Higher Education Institutes (HEIs) focusing their efforts on combating the use of GenAI in assessment. Guidelines were developed for staff and students, policies put in place too. Innovative educators have forged paths in the use of Generative AI for teaching, learning and assessments leading to pockets of transformation springing up across HEIs, often with little or no top-down guidance, support or direction.
This Gasta posits a strategic approach to integrating AI into HEIs to prepare staff, students and the curriculum for an evolving world and workplace. We will highlight the advantages of working with these technologies beyond the realm of teaching, learning and assessment by considering prompt engineering skills, industry impact, curriculum changes, and the need for staff upskilling. In contrast, not engaging strategically with Generative AI poses risks, including falling behind peers, missed opportunities and failing to ensure our graduates remain employable. The rapid evolution of AI technologies necessitates a proactive and strategic approach if we are to remain relevant.
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In Odoo, the multi-company feature allows you to manage multiple companies within a single Odoo database instance. Each company can have its own configurations while still sharing common resources such as products, customers, and suppliers.
Welcome to TechSoup New Member Orientation and Q&A (May 2024).pdfTechSoup
In this webinar you will learn how your organization can access TechSoup's wide variety of product discount and donation programs. From hardware to software, we'll give you a tour of the tools available to help your nonprofit with productivity, collaboration, financial management, donor tracking, security, and more.
Welcome to TechSoup New Member Orientation and Q&A (May 2024).pdf
The Criminal Law (Insanity) Act 2006 and the Mental Health (Criminal Law) Review Board (2009)
1. The Criminal Law
(Insanity) Act 2006 and
the Mental Health
(Criminal Law) Review
Board
Darius Whelan
ICBA, Cork
May 2009
2. Outline
Right to Liberty under the Constitution
Right to Liberty under European Convention
Criminal Law (Insanity) Act 2006
J.B. Case (2008)
Heads of amending Bill, 2008
2
4. Preventative Detention not permitted (e.g.
Bail cases)
In insanity cases pre-2006, release was up to
executive
Application of Gallagher (1991)
4
5. Decision of executive pre-2006 was subject
to judicial review
Personality disorder could be sufficient to
continue detention
Application of Gallagher (No.2) (1996)
The task was to determine whether by reason of
mental ill-health the person currently constituted
such a risk to public or to self that he/she should
be detained
5
6. Laffoy J:
Trial of Lunatics Act 1883 did not permit detention
while a person was dangerous but not mentally ill
This would be preventative detention, which is
unconstitutional
6
8. Article 5 ECHR
Right to liberty. Detention only in accordance
with procedure prescribed by law.
Exception: lawful detention of person of
unsound mind art.5(1)(e)
Right to information on “arrest” art.5(2)
Right to take proceedings for decision on
lawfulness of detention art.5(4)
8
9. Winterwerp (1979):
Objective medical expertise
Mental disorder must be serious enough
Persistence of disorder
Litwa v Poland (2001) – Detention must be
proportionate response
Reid v UK (2003) – Patient need not be
“treatable”
9
10. Johnson v UK (1999)
Johnson no longer suffering from mental
disorder
Tribunal ordered conditional discharge to
hostel accommodation
Deferred until accommodation found
3 ½ year delay
ECHR found breach of Art. 5(1)
£10,000 damages plus £25,000 legal costs
10
11. Authorityis entitled to exercise discretion in
deciding whether it would be appropriate to
order absolute discharge of person who is no
longer suffering from mental disorder
Appropriate safeguards must be in place to
ensure that any deferral of discharge is
consonant with Article 5 and that discharge is
not unreasonably delayed
11
12. Bartlett and Sandland: Johnson case
illustrates how court is strong on due process
rights but weak on substantive issues
“An extraordinarily conservative reading of
the phrase ‘person of unsound mind’ in Article
5.1(e).”
12
13. Where court initially orders detention, judicial
review is incorporated in that decision
Right to further judicial review arises later:
Rocha v Portugal, 1996
Impartiality: X. v UK, 1981; D.N. v
Switzerland, 2003
13
16. S.4(6): In fitness for trial cases, can be 14-
day detention for assessment (but no need
for psych. report for this detention)
Possible breach art.5
Court may order out-patient treatment in
unfitness for trial cases, but not in “insanity”
cases
Possible breach art. 5
16
17. Mental Health (Criminal Law)
Review Board
MHCLRB must be independent, have regard
to patients’ welfare & safety and have regard
to public interest
Number of members set by Minister
Minister appoints members
Members must include one psychiatrist
17
18. MHCLRB must review detentions at least
every six months
Human Rights Commission suggested 3
months (art.5 issues)
MHCLRB assigns legal representative to
patient
Legal aid scheme
18
19. Impartiality issues?
IHRC 2008: More transparent appointments
process recommended
Procedure of MHCLRB set by Board with consent
of Minister
IHRC criticised Ministerial “veto” (art. 5 – meaning
of ‘court’)
Also consider removing s.12(6)(e) allowing
Minister or DPP to be represented at sittings of
MHCLRB
19
20. No statutory right to information (art.5 (2) )
Lack of clarity re personality disorders (art. 5)
Burden of proof should not be placed on
patient (art. 5)
20
23. J.B. v Mental Health (Criminal Law) Review
Board [2008] I.E.H.C. 303
2002: J.B. was found guilty but insane
Case had been reviewed a number of times
by the MHCLRB.
On temporary release (s.14); lived with his
family four nights a week, spending other
three in hostel on grounds of CMH.
Employed as a warehouse operative
23
24. 2007: MHCLRB found he was “no longer
suffering from a mental disorder”
The review board and the medical team
treating him would only release him with
conditions attached. He would be happy to
abide by such conditions.
The board argued it was entitled to refuse to
discharge the applicant on the grounds that
the conditions could not be enforced.
24
25. While Hanna J. had been invited to interpret
the Act purposefully in order to infer some
sort of enforcement regime into the Act, he
held that would amount to legislating and
would offend the principle of separation of
powers.
No mention of preventative detention issues
No mention of finding in Gallagher (No.2) that
detention can only continue on grounds of
mental ill-health and risk
25
26. ECHR arguments:
Hanna J. follows Johnson v UK
Also notes this case differed from Johnson, in that
the applicant here was living under very different
conditions, spending majority of his time with his
family.
Applicant has been afforded significant measure of
liberty
His current state did not offend against the ECHR.
No consideration of delay aspect of Johnson v UK
26
27. Scheme of Bill
Irish
Human Rights Commission,
Observations on the Scheme of the Criminal
Law (Insanity) Act 2006 (Amendment) Bill
2008 (2008)
27
28. If Bill passed:
Conditions may be attached by MHCLRB
If conditions breached, patient is unlawfully at
large; may be arrested
IHRC:
Conditions should be reasonable, proportionate and
within power of person to fulfil
MHCLRB should be able to review conditions on
above grounds
28
29. Also in Bill
Fitnessfor trial – new requirement of medical
evidence before court orders 14-day
detention for psychiatric examination under
s.4(6)(a)
IHRC: Should be evidence of consultant
psychiatrist
29