Criminal Justice Act, 1960
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Temporary release of criminal lunatics. |
3.—(1) In this section— | |
“criminal lunatic” means a person who is detained in a district mental hospital or in the Central Mental Hospital by warrant, order or direction of the Government or the Minister or under the provisions of section 91 of the Army Act, 1881, or of the Defence Act, 1954 , and, if he is undergoing a sentence of penal servitude or imprisonment, or of detention in Saint Patrick's Institution, whose sentence has not expired; | ||
“person in charge” means— | ||
(a) in relation to a criminal lunatic detained in a district mental hospital, the resident medical superintendent thereof, and | ||
(b) in relation to a criminal lunatic detained in the Central Mental Hospital, the Resident Physician and Governor thereof. | ||
(2) A criminal lunatic who, in the opinion of the person in charge, is not dangerous to himself or to others may, with the consent of the Minister, be released temporarily by the person in charge subject to such conditions (if any) as he may, with the consent of the Minister, impose. | ||
(3) (a) The consent of the Minister to the release of a criminal lunatic under this section may be given in relation to a particular release or in relation to the release from time to time during a specified period of that criminal lunatic. | ||
(b) The consent of the Minister to the imposition of conditions in relation to the release of a criminal lunatic under this section may relate to the imposition of conditions in relation to a particular release of that criminal lunatic or to the imposition of conditions in relation to the release from time to time during a specified period of that criminal lunatic. |