GC v Governor of Cork Prison (Approved)

THE DIRECTOR OF PUBLIC PROSECUTIONS AND THE DIRECTOR OF THE CENTRAL MENTAL HOSPITAL

1.������ This is an inquiry pursuant to Article 40.4.2 of the Constitution into the lawfulness of the applicant's detention on remand in Cork Prison.

3.������ However, the District Court judge upon hearing that there were no beds available in the Central Mental Hospital (hereinafter referred to as �CMH�), apparently stated that it would be futile for him to find the applicant unfit to plead and to remand him to the CMH. Accordingly, he adjourned the matter and remanded the applicant in custody to Cork Prison.

4.������ The applicant contends that the refusal of the District Court judge to make a formal finding that the applicant was unfit to plead, was unlawful, because in declining to make that finding, he took into consideration irrelevant matters, namely the lack of beds in the CMH.

7.������ It was submitted that as the applicant�s detention was not in accordance with law, he was seeking an order releasing him from the said unlawful detention in Cork Prison. However, he was not seeking to be released into the community, but the court could place a stay on the order to enable the authorities to take such steps as they may deem fit to ensure that the applicant�s custody would become regular and lawful and where the immediate release of the applicant would be detrimental to his welfare.