Dáil Éireann Debate, Wednesday - 12 June 2024
107. Deputy Seán Haughey asked the Minister for Justice if she will amend current legislation as a matter of urgency to ensure that a victim of a serious assault has the right to information about the release date of their convicted attacker in circumstances where the attacker is being detained in the Central Mental Hospital for a different crime; and if she will make a statement on the matter. [25647/24]
View answer111. Deputy Cian O'Callaghan asked the Minister for Justice if her Department has made any progress in relation to a situation (details supplied) where a victim of a crime has not been given the release date of the convicted person; and if she will make a statement on the matter. [25762/24]
View answerI propose to take Questions Nos. 107 and 111 together.
The case referred to by the Deputy relates to an individual convicted for attempted murder, who has served the sentence handed down for that crime, but is now being separately detained, for a concurrent, but longer period of detention in the Central Mental Hospital on foot of an unrelated criminal offence.
This means that while the victim in the attempted murder case is entitled to be informed of the release date of the perpetrator in relation to that criminal conviction, that right is essentially moot. This is because the perpetrator will not be released at the end of that sentence but will remain in the Central Mental Hospital for a longer period as a result of the concurrent, but longer period of detention for the unrelated offence.
Given the unique and complex nature of this case, senior officials from my Department met with the victim to discuss the particular circumstances of their case.
On foot of that meeting, my officials have committed to examining how we can ensure that a person’s right to information about the release date would continue to operate where the actual date of release from detention is deferred due a separate detention in the CMH on an unrelated matter. This examination will include looking at whether amending legislation is required.
