Health (Mental Services) Act, 1981

Review of detention.

38.—(1) An application may be made to a review board to review the detention of any person detained in a special, district or registered psychiatric centre or the conditions applying to a person discharged conditionally.

(2) The application shall be granted where it is made by the person detained or by—

(a) a parent or guardian of that person,

(b) the spouse of that person, or a brother or sister of that person being over 18 years of age,

(c) a son or daughter of that person, being over 18 years of age.

(3) Where the Minister, the President of the High Court or the Registrar of Wards of Court makes the application, it shall be granted.

(4) Where some other person makes the application, it may be granted or refused at the discretion of the board.

(5) Where an application is granted the examination shall take place within one month.

(6) The manner of making applications and the procedure of a review board, including the making of arrangements by it for an independent medical examination of the patient, may be prescribed.