The Criminal Lunatics (Ireland) Act 1838 (
1 & 2 Vict. c. 27) was an
Act of Parliament
Acts of Parliament, sometimes referred to as primary legislation, are texts of law passed by the Legislature, legislative body of a jurisdiction (often a parliament or council). In most countries with a parliamentary system of government, acts of ...
in the
United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the European mainland, continental mainland. It comprises England, Scotlan ...
, signed into law on 11 June 1838. It was one of the
Lunacy (Ireland) Acts 1821 to 1890.
[The ]Short Titles Act 1896
The Short Titles Act 1896 (59 & 60 Vict c 14) is an Act of the Parliament of the United Kingdom. It replaces the Short Titles Act 1892.
This Act was retained for the Republic of Ireland by section 2(2)(a) of, and Part 4 of Schedule 1 to, the ...
, section 2(1) and Schedule 2
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
A prison, also known as a jail, gaol (dated, English language in England, standard English, Australian English, Australian, and Huron Historic Gaol, historically in Canada), penitentiary (American English and Canadian English), detention cen ...
, until either discharged by order of two justices or removed to a
lunatic asylum
The lunatic asylum (or insane asylum) was an early precursor of the modern psychiatric hospital.
The fall of the lunatic asylum and its eventual replacement by modern psychiatric hospitals explains the rise of organized, institutional psychiatr ...
by order of the
Lord Lieutenant.
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.
[
]
See also
* Criminal Lunatics Act 1800
The Criminal Lunatics Act 1800 (39 & 40 Geo 3 c 94) was an Act of the Parliament of Great Britain that required and established a set procedure for the indefinite detention of mentally ill offenders. It was passed through the House of Commons ...
References
Sources
*''The British almanac of the Society for the Diffusion of Useful Knowledge, for the year 1839''. The Society for the Diffusion of Useful Knowledge
The Society for the Diffusion of Useful Knowledge (SDUK) was founded in London in 1826, mainly at the instigation of Whig MP Henry Brougham, with the object of publishing information to people who were unable to obtain formal teaching or who pr ...
, London, 1839.
Citations
1838 in British law
United Kingdom Acts of Parliament 1838
Acts of the Parliament of the United Kingdom concerning Ireland
1838 in Ireland
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