Mental Health Act 2001

Review by a tribunal of admission orders and renewal orders.

18

18.—(1) Where an admission order or a renewal order has been referred to a tribunal under section 17, the tribunal shall review the detention of the patient concerned and shall either—

(a) if satisfied that the patient is suffering from a mental disorder, and

(i) that the provisions of sections 9, 10, 12, 14, 15 and 16, where applicable, have been complied with, or

(ii) if there has been a failure to comply with any such provision, that the failure does not affect the substance of the order and does not cause an injustice,

affirm the order, or

(b) if not so satisfied, revoke the order and direct that the patient be discharged from the approved centre concerned.

F25[(2) Subject to subsection (4), a decision under subsection (1) shall be made as soon as may be, but

(a) in the case of an admission order or a renewal order, not later than 21 days after the making of such order, or

(b) in the case of an application referred to in section 15(3)(b), not later than 21 days after the date on which the Commission received the application.]

(3) Before making a decision under subsection (1), a tribunal shall have regard to the relevant F26[reports under section 17(1)(c) and (d)].

F27[(3A) Subject to subsection (3B), where section 48(3A) applies, the tribunal concerned shall consult with a consultant psychiatrist, other than the consultant psychiatrists who prepared the reports under section 17(1)(c) and (d), for the purpose of making a decision under subsection (1) where

(a) the opinions expressed in the reports under section 17(1)(c) and (d) as to whether the patient is suffering from a mental disorder differ, or

(b) it otherwise considers that it is necessary in the interest of the patient to do so.

(3B) Subsection (3A) shall not apply where the tribunal is unable, due to the exigencies of the public health emergency, to consult in accordance with that subsection.]

F26[(4) The period referred to in subsection (2) may be extended by order by the tribunal concerned (either of its own motion or at the request of the patient concerned) for a further period of 14 days and thereafter may be further extended by it by order for a period of 14 days

(a) on the application of the patient if the tribunal is satisfied that it is in the interest of the patient, or

(b) of its own motion if the tribunal, having due regard to the interest of the patient, is satisfied that it is necessary due to the exigencies of the public health emergency,

and the relevant admission order, or as the case may be, renewal order shall continue in force until the date of the expiration of the order made under this subsection.]

(5) Notice in writing of a decision under subsection (1) and the reasons therefor shall be given to—

(a) the Commission,

(b) the consultant psychiatrist responsible for the care and treatment of the patient concerned,

(c) the patient and his or her legal representative, and

(d) any other person to whom, in the opinion of the tribunal, such notice should be given.

(6) The notice referred to in subsection (5) shall be given as soon as may be after the decision and within the period specified in subsection (2) or, if it be the case that period is extended by order under subsection (4), within the period specified in that order.

(7) In this section references to an admission order shall include references to the relevant recommendation and the relevant application.

Annotations

Amendments:

F25

Substituted (8.10.2018) by Mental Health (Renewal Orders) Act 2018 (23/2018), s. 7, S.I. No. 397 of 2018.

F26

Substituted (30.03.2020 to 9.11.2020 or other date if continued in operation) by Emergency Measures in the Public Interest (Covid-19) Act 2020 (2/2020), s. 18(a), (c), commenced as per s. 1(2)(b), (3)(a), (b), subject to exception in s. 24.

F27

Inserted (30.03.2020 to 9.11.2020 or other date if continued in operation) by Emergency Measures in the Public Interest (Covid-19) Act 2020 (2/2020), s. 18(b), commenced as per s. 1(2)(b), (3)(a), (b), subject to exception in s. 24.

Modifications (not altering text):

C13

Section prior to 30 March 2020 temporarily suspended and subs. (3) amended, subss. (3A), (3B) inserted and subs. (4) substituted (30.03.2020 to 9.11.2020 or other date if continued in operation) by Emergency Measures in the Public Interest (Covid-19) Act 2020 (2/2020), s. 18, commenced as per s. 1(2)(b), 3(a), (b), subject to exception in s. 24. The suspended section is reproduced below.

18.—(1) Where an admission order or a renewal order has been referred to a tribunal under section 17, the tribunal shall review the detention of the patient concerned and shall either—

(a) if satisfied that the patient is suffering from a mental disorder, and

(i) that the provisions of sections 9, 10, 12, 14, 15 and 16, where applicable, have been complied with, or

(ii) if there has been a failure to comply with any such provision, that the failure does not affect the substance of the order and does not cause an injustice,

affirm the order, or

(b) if not so satisfied, revoke the order and direct that the patient be discharged from the approved centre concerned.

F25[(2) Subject to subsection (4), a decision under subsection (1) shall be made as soon as may be, but

(a) in the case of an admission order or a renewal order, not later than 21 days after the making of such order, or

(b) in the case of an application referred to in section 15(3)(b), not later than 21 days after the date on which the Commission received the application.]

(3) Before making a decision under subsection (1), a tribunal shall have regard to the relevant report under section 17(1)(c).

(4) The period referred to in subsection (2) may be extended by order by the tribunal concerned (either of its own motion or at the request of the patient concerned) for a further period of 14 days and thereafter may be further extended by it by order for a period of 14 days on the application of the patient if the tribunal is satisfied that it is in the interest of the patient and the relevant admission order, or as the case may be, renewal order shall continue in force until the date of the expiration of the order made under this subsection.

(5) Notice in writing of a decision under subsection (1) and the reasons therefor shall be given to—

(a) the Commission,

(b) the consultant psychiatrist responsible for the care and treatment of the patient concerned,

(c) the patient and his or her legal representative, and

(d) any other person to whom, in the opinion of the tribunal, such notice should be given.

(6) The notice referred to in subsection (5) shall be given as soon as may be after the decision and within the period specified in subsection (2) or, if it be the case that period is extended by order under subsection (4), within the period specified in that order.

(7) In this section references to an admission order shall include references to the relevant recommendation and the relevant application.

Editorial Notes:

E13

Previous affecting provisions: transitional provision for unexpired renewal orders, replacement renewal orders and confirmation of expired renewal orders made (30.10.2008) by Mental Health Act 2008 (19/2008), ss. 3, 4 and 5, commenced on enactment. Note also transitional provision in 19/2008, s. 7(2).