Criminal Lunatics (Ireland) Act 1838

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Criminal Lunatics (Ireland) Act 1838
Act of Parliament
Coat of Arms of the United Kingdom (1837).svg
Long title An Act to make more effectual Provision for the Prevention of Offences by Insane Persons in Ireland.
Citation 1 & 2 Vict. c. 27
Dates
Royal assent 11 June 1838
Other legislation
Amended by Statute Law Revision Act 1874 (No. 2)

The Criminal Lunatics (Ireland) Act 1838 [1] (1 & 2 Vict. c. 27) was an act of Parliament in the United Kingdom, signed into law on 11 June 1838. It was one of the Lunacy (Ireland) Acts 1821 to 1890. [2]

Contents

Provisions

The act provided that when a person was detained under circumstances suggesting that they were of deranged mind and had the intention of committing a crime, then two justices were empowered to call in a physician to examine the suspect. If the physician determined that the person was a "dangerous lunatic" he could be committed to gaol, until either discharged by order of two justices or removed to a lunatic asylum by order of the Lord Lieutenant. [3]

Role of Lord Lieutenant

The Lord Lieutenant was given the power to direct persons under a sentence of imprisonment or transportation be placed in a lunatic asylum, to remain there until certified of sound mind by two physicians, when the Lord Lieutenant could direct their removal. Additionally, he was given a similar power in regard to persons committed for trial. [3]

See also

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References

Sources

Citations

  1. The citation of this Act by this short title was authorised by the Short Titles Act 1896, section 1 and the first schedule. Due to the repeal of those provisions it is now authorised by section 19(2) of the Interpretation Act 1978.
  2. The Short Titles Act 1896, section 2(1) and Schedule 2
  3. 1 2 Kelly, Brendan (2008). "The Mental Treatment Act 1945 in Ireland: an historical enquiry". History of Psychiatry. 19 (73 Pt 1): 51. doi:10.1177/0957154X06075949. PMID   19127828.