Criminal_Lunatics_(Ireland)_Act_1838

Criminal Lunatics (Ireland) Act 1838

Criminal Lunatics (Ireland) Act 1838

United Kingdom legislation

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]

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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

References

Sources

Citations

  1. [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. [2]
    The Short Titles Act 1896, section 2(1) and Schedule 2
  3. [3]
    Kelly, Brendan. "The Mental Treatment Act 1945 in Ireland: an historical enquiry". History of Psychiatry. p. 51. doi:10.1177/0957154X06075949.


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