DETENTION OF CRIMINAL LUNATICS.

Marlborough Express, Volume XVI, Issue 179, 3 August 1881, Page 2

DETENTION OF CRIMINAL LUNATICS.

Mr Justice Johnston and the Solici-tor-General (Mr W. S. Eefa"), the Commissioners for the Eevision of New Zealand Statistics, m their report on the lunacy laws, make the following pertinent remarks relative to one particular branch of this subject — the detention of criminal lunatics : — " A question has been brought to our notice respecting the propriety of limiting by law the vague provisions for the detention of persons found not guilty of indictable offences on the ground of insanity, " during the Colonial Secretary's pleasure." .In England there is a statutory provision m 16 and \ 17 Viet., c. 96, for the dischargSfof persons acquitted of misdemeanors under 3 and 4 Viet., c. 64, s. 8 ; but we have not been able to discover whether there is any established custom with regard to cases of felony. On the one side, it seems illogical to detain m custody as a lunatic a person of sound mind, who, when out of his mind and irresponsible, has committed an act which would have been a crime had he been sane ; and, on the other side, it might be startling to the feelings of the community if the purpetrator of that which would have been a great crime, if he had been sane, should on the supposition that he had become perfectly sane, be restored to liberty immediately." The Commissioners say they accordingly inserted certain provisions on this subject m the Consolidated Bill which they submit to Parliament.