A man considered to pose a significant danger to himself and others due to his “catastrophic” neurocognitive condition will be detained at a care facility upon his imminent release from prison.
The High Court made orders for his detention in a specified unit after hearing his condition had deteriorated while he was in custody. The court heard the man, who is in his 30s and cannot be identified, has a relatively short life expectancy due to having Huntington’s disease.
The Director of Public Prosecutions (DPP) this week consented to his bail on condition that he would go straight to a residential placement, where he would be detained. For this, an application had to be made to the High Court’s inherent jurisdiction list, which makes orders to vindicate the constitutional rights of people who lack mental capacity.
On Wednesday, the High Court heard the man has been in jail for some months on foot of a charge of assault while carrying a knife. He also has charges pending before the District Court.
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Making the care centre detention application, barrister Donal McGuinness, for the Health Service Executive (HSE), said the man is considered to be a danger to himself and a “significant potential risk” to others due to his neurocognitive disease.
Before imprisonment, he was homeless for many years, suffered from hypothermia and, immediately before his arrest, was living in a hostel, the lawyer said. He had been attending a medical centre and a neurologist, but unfortunately stopped taking his medication, Mr McGuinness said.
He has been continually reviewed by medics in prison, but his “catastrophic” condition has noticeably deteriorated, said counsel.
The man has attempted to assault prison officers on four occasions, which is “indicative, perhaps, of a fairly unpredictable behaviour”, said Mr McGuinness. The officers were not injured, but the man is physically capable of causing injuries, he added.
The man’s neurocognitive decline prevents him from being able to communicate properly, while a doctor has concluded there is a high degree of probability that he is unable to weigh decisions about his health, said Mr McGuinness.
Ciaran Craven, senior counsel representing the man’s court-appointed advocate, said he could not consent to the care centre detention orders, but that they seem to be reasonable, proportionate and necessary.
Mr Craven said the man has severe communication deficits, with only about 10 per cent of his speech intelligible. This makes it challenging to ascertain his will and preference, he said.
It seems to his client, whose official title is “guardian ad litem”, that the application and deprivation of liberty safeguards are appropriate, he said.
Mr Justice Mark Heslin noted the man’s health condition can lead him to act in an “impulsive and dangerous manner”. The judge said a doctor believes the man is a risk to himself and others in prison and the environment there is unsuitable to his needs.
The evidence before the court is that the man lacks capacity, the judge said.
Noting there is no statutory alternative to invoking the High Court’s inherent jurisdiction in this situation, Mr Justice Heslin made the orders sought by the HSE, including providing for the man’s conveyance from prison to the care facility and for his detention there.
He adjourned the case to January.
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