Mental Treatment Act, 1945

Transfer to Dundrum Central Criminal Lunatic Asylum.

207.—(1) Where—

(a) a person detained in a district mental hospital or other institution maintained by a mental hospital authority is charged with an indictable offence before a justice of the District Court sitting in such district mental hospital or other institution, and

(b) evidence is given which, in the opinion of the justice, constitutes prima facie evidence—

(i) that such person has committed the offence, and

(ii) that he would, if placed on trial, be unfit to plead,

the justice shall by order certify that such person is suitable for transfer to the Dundrum Central Criminal Lunatic Asylum and shall cause copies of such order to be sent to the Minister and to the person in charge of such district mental hospital or other institution.

(2) Where an order is made under sub-section (1) of this section in relation to a person detained in a district mental hospital or other institution—

(a) such person shall be retained in such district mental hospital or other institution and his detention therein shall be continued subject to any order which may be made under this sub-section,

(b) the Minister shall require the Inspector of Mental Hospitals to visit such person and to make a report on his mental condition to the Minister,

(c) after consideration of the report of the Inspector of Mental Hospitals, the Minister may, if he so thinks fit, by order direct and authorise the transfer of such person to the Dundrum Central Criminal Lunatic Asylum.

(3) The Minister may by order direct and authorise the sending back of a person transferred under an order made under sub-section (2) of this section to the district mental hospital or other institution from which he was transferred.

(4) Where the resident governor and physician of the Dundrum Central Criminal Lunatic Asylum and the Inspector of Mental Hospitals agree and certify that a person transferred under an order made under sub-section (2) of this section has ceased to be of unsound mind, the said governor and physician shall discharge such person and, where necessary, pay to him the expenses of his travelling to his home.