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Referral to review board
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30. (1) Following the receipt by the Commission of an involuntary admission order or a renewal order, the Commission shall, as soon as possible—
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(a) refer the matter to a review board for hearing,
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(b) set the time and date for the hearing,
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(c) assign a legal representative to represent the involuntarily admitted person concerned unless he or she has engaged or proposes to engage one at his or her own expense,
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(d) request the clinical director of the registered acute mental health centre to arrange for a mental healthcare professional (other than a consultant psychiatrist) on the staff of the registered acute mental health centre who is or will be involved in the care and treatment of the person concerned to carry out a psychosocial assessment of the person concerned, and
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(e) direct in writing an independent consultant psychiatrist from the panel of independent consultant psychiatrists to—
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(i) examine the person concerned,
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(ii) interview the responsible consultant psychiatrist and another mental healthcare professional (other than a consultant psychiatrist) who is involved in the care and treatment of the person, and
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(iii) review the medical records relating to the person,
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in order to determine whether the person continues to fulfil the criteria for involuntary admission.
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(2) A mental healthcare professional who carries out a psychosocial assessment of a person under subsection (1)(d) shall prepare and submit his or her report to the Commission in the form specified by the Commission not less than 3 working days prior to the hearing by the review board.
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(3) An independent consultant psychiatrist who examines a person under subsection (1)(e) shall submit his or her report in the form specified by the Commission on—
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(a) the results of the examination under subparagraph (i) of that subsection,
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(b) the interviews under subparagraph (ii) of that subsection, and
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(c) the review under subparagraph (iii) of that subsection,
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to the Commission not less than 3 working days prior to the hearing by the review board.
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(4) Where the Commission gives a direction to an independent consultant psychiatrist under subsection (1)(e), the clinical director of the registered acute mental health centre concerned shall, upon presentation of the direction, admit the independent consultant psychiatrist to the registered acute mental health centre and facilitate the—
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(a) examination under subsection (1)(e)(i),
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(b) interviews under subsection (1)(e)(ii), and
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(c) review under subsection (1)(e)(iii).
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(5) If the independent consultant psychiatrist to whom a direction has been given under subsection (1)(e) is unable to fulfil a direction under subsection (1), he or she shall so notify the Commission in writing and the Commission shall give a direction under subsection (1) to another member of the panel of independent consultant psychiatrists.
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(6) The responsible consultant psychiatrist may, but is not obliged to, submit a report to the Commission as soon as may be and in any event no later than 3 working days prior to the review board hearing.
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(7) A person who obstructs or interferes or fails to cooperate with an independent consultant psychiatrist in the performance of his or her functions under this section shall be guilty of an offence and shall be liable on summary conviction to a class A fine or to imprisonment for a term not exceeding 6 months, or to both.
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(8) The Commission shall provide the review board and the legal representative of the person concerned with the reports submitted to it under subsections (2) and (3) and any report submitted to it under subsection (6), as soon as may be prior to the review board hearing.
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