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Ronan
Ronan, Solicitor
Category: Republic of Ireland Law
Satisfied Customers: 1996
Experience:  B. Corp Law, Ll.B. Dip Comm Prop. In general practice for more then 6 years
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A person who at the time of an assault trial was an offically

Customer Question

A person who at the time of an assault trial was an offically non discharged currently hospitalised pych unit patient. The person was not offically released by the pych unit until a few days after the cort case.

this person was tried and found guilty of assault. The judge was made aware of the accused health problems before the case but not that she was currently an inpatient of the pysh unit,
her solicitor was informed by the accused that she was currently an inpatient before the trial ,
what are the chances of a mistrial decison?.what is the chances of a case against the lawyer for negligence ? thanks
Submitted: 1 year ago.
Category: Republic of Ireland Law
Expert:  Fran-mod replied 1 year ago.
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Customer: replied 1 year ago.

yes i can wait for a few days thanks

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Customer: replied 1 year ago.


This question isnt really complex or unuusal your panel of experts should be well able to answer this question i am prepared to wait another 2-3 days thanks

Expert:  Fran-mod replied 1 year ago.
Thanks for your patience while we continue our search.
Expert:  Ronan replied 1 year ago.
The provision for this are under the Criminal Law (Insanity) Act 2006 in particular Section 4. Simply being an inpatient in a psychiatric unit are not grounds for a mistrial. It may have bearing on the matter on mitigation at sentencing stage but not for the purposes of hearing.

Once the person, can understand the nature and course of the action involved in the crime and is able to instruct their solicitor/barrister then the are fit to be tried even if they do have other mental health difficulties.

Unless there is an issue as to his fitness to be tried. i.e. that he was
Customer: replied 1 year ago.

i cant read past he was.................

Expert:  Ronan replied 1 year ago.
.........That he was not able to understand the nature and course of proceedings


A person shall be deemed unfit to be tried if he or she is unable by reason of mental disorder to understand the nature or course of the proceedings so as to—

(a) plead to the charge,

(b) instruct a legal representative,

(c) in the case of an indictable offence which may be tried summarily, elect for a trial by jury,

(d) make a proper defence,

(e) in the case of a trial by jury, challenge a juror to whom he or she might wish to object, or

(f) understand the evidence.

There is no evidence that this is the case from your question

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B. Corp Law, Ll.B. Dip Comm Prop. In general practice for more then 6 years