Vulnerable Defendants

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The issues in respect of vulnerable defendants are numerous and varied. Where a person has an intellectual disability or mental disorder, the difficulty will be for them and for the court will be as to whether the defendant is able to understand the nature of the offence and proceedings , able to give instructions to legal representatives and participate in court proceedings. In other words, whether the person is fit to plead to the offence or offences before the court under s.4 Criminal Law (Insanity) Act 2006

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 Section 12  Mental Health Act 2001 allows a member of the Garda Síochána to take a person into custody where he has reasonable grounds for believing that the person is suffering from a  mental  disorder as a result of which there is a serious likelihood of the person causing imminent and serious harm to himself or others.

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