Mental Health Act 20266

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Appeal to Circuit Court

32. (1) An involuntarily admitted person may appeal to the Circuit Court against a decision of a review board to affirm an involuntary admission order or a renewal order, as the case may be, made in respect of him or her on the grounds that—

(a) he or she does not meet the criteria for involuntary admission, or

(b) the provisions of sections 8 , 11 to 25 and 37 , where applicable, were not complied with, and the failure affected the substance of the order and caused an injustice and the failure to comply with the provisions concerned was such as to render the detention invalid.

(2) An appeal under this section shall be brought by the involuntarily admitted person by notice within 28 days of the date of receipt by him or her or by his or her legal representative of the written notice under section 31 of the decision concerned.

(3) The jurisdiction conferred on the Circuit Court by this section may be exercised by the judge of the circuit in which the registered acute mental health centre concerned is situated or, at the option of the involuntarily admitted person, in which the person is ordinarily resident.

(4) On appeal to it under subsection (1)(a), the Circuit Court shall—

(a) if it is shown by the registered acute mental health centre to the satisfaction of the Court that the person fulfils the criteria for involuntary admission, affirm the order, or

(b) if the registered acute mental health centre has not shown to the satisfaction of the Court that the person fulfils the criteria for involuntary admission, revoke the order.

(5) On appeal to it under subsection (1)(b), the Circuit Court shall—

(a) if it is shown by the registered acute mental health centre to the satisfaction of the Court that the provisions the subject of the appeal were complied with or that any failure to comply did not affect the substance of the order and did not cause an injustice, affirm the order, or

(b) if the registered acute mental health centre has not shown to the satisfaction of the Court that the provisions the subject of the appeal were complied with or that any failure to comply did not affect the substance of the order and did not cause an injustice, revoke the order.

(6) An order under subsection (4) or (5) may contain such consequential or supplementary provisions as the Circuit Court considers appropriate.

(7) Notice of an appeal under subsection (1) and a copy of the proceedings shall be served by the person bringing the appeal on—

(a) the review board,

(b) the registered proprietor of the registered acute mental health centre concerned,

(c) the responsible consultant psychiatrist, and

(d) any other person specified by the Circuit Court.

(8) Before making an order under this section, the Circuit Court may have regard to any submission made to it in relation to any matter by or on behalf of a party to the proceedings concerned or any other person having an interest in the proceedings.

(9) The Circuit Court shall exclude from the Court during the hearing of an appeal under this section all persons except officers of the Court, persons directly concerned in the hearing, bona fide representatives of the press and such other persons (if any) as the Court may in its discretion permit to remain.

(10) No matter that is likely to lead members of the public to identify a person who is or has been the subject of proceedings under this section shall be published or broadcast.

(11) Without prejudice to subsection (9), the Circuit Court may, in any case where it is satisfied that it is appropriate to do so in the interests of the involuntarily admitted person the subject of the appeal, by order dispense with the prohibitions of that subsection in relation to him or her to such extent as may be specified in the order.

(12) If any matter is published or broadcast in contravention of subsection (10), each of the following persons, namely:

(a) in the case of publication in a newspaper or periodical, any proprietor, any editor and any publisher of the newspaper or periodical;

(b) in the case of any other publication, the person who publishes it;

(c) in the case of a broadcast, any person who transmits or provides the programme in which the broadcast is made and any person having functions in relation to the programme corresponding to those of an editor of a newspaper,

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.

(13) Nothing in this section shall affect the law as to contempt of court.

(14) In any proceedings under this section a document purporting to be a report prepared pursuant to section 30 concerning an involuntarily admitted person shall be evidence of the matters stated in the document without further proof and shall, unless the contrary is proved, be deemed to be such a report.

(15) The Court shall notify the Commission of the appeal and the outcome of the proceedings.

(16) No appeal shall lie against an order of the Circuit Court under this section other than an appeal on a point of law to the High Court.

(17) In this section—

“broadcast” has the same meaning as it has in section 2 of the Broadcasting Act 2009 ;

“publish” means publish, other than by way of broadcast or in an indictment or other document prepared for use in particular legal proceedings, to the public or a portion of the public.