The High Court has quashed a lower court's decision to have a woman accused of child abduction remitted to the Central Mental Hospital (CMH) in Dundrum.
The woman is accused of what the High Court heard is the “serious offence” of child abduction, contrary to the 1997 Non-Fatal Offences Against the Person Act.
The abduction is alleged to have occurred in Dún Laoghaire on September 22nd last.
The following day, the woman was brought before the District Court, which ordered she be brought to the CMH.
The DPP launched High Court proceedings seeking to have that decision quashed, arguing the District Court was not entitled to make such an order.
At Tuesday's sitting of the High Court, Mr Justice Anthony Barr said he was satisfied to grant an order quashing the order remitting the woman to the CMH.
Cannot be identified
The judge ordered that the accused woman cannot be identified by the media.
The application, brought by way of judicial review, was not opposed.
The accused woman’s lawyers told the court they had difficulties in obtaining instructions from the woman.
Judge Barr was told the District Court judge who made the referral to the CMH did so out of concern for her health.
Kieran Kelly BL, for the DPP, had sought to quash the order on grounds including that it was in the public interest and that the DPP wants to maintain the prosecution.
After the accused woman was remitted to the CMH, which the DPP had asked the District Court to amend, it so happened that there was no place available for her, counsel said.
As a result gardaí had to release the woman, as they had no legal basis to detain her.
Lacked jurisdiction
The court heard it was the DPP’s case that the District Court lacked the jurisdiction to remit her to the CMH.
Mr Kelly said a prerequisite for such a referral is that an expert’s report must be put before the court in relation to the accused person’s health and their fitness to plead to the charge they are facing.
In this case, no such report had been available or put before the court. Counsel said only the court hearing the case can remit an accused person to the CMH.
It had not been determined whether the accused woman will be tried before the Circuit Court or the District Court.
The accused woman is due back before the District Court in respect of the charge on Wednesday.