Circuit Court Rules

ORDER 47A

MENTAL HEALTH ACT, 2001 (NO 25 OF 2001)

1. In this Order —

‘the Act’ means the Mental Health Act, 2001 (No 25 of 2001);

‘the Commission’ means the Mental Health Commission established by section 32 of the Act, and

‘tribunal’ shall be construed in accordance with section 48 of the Act.

[SI 11/07]

2. An appeal to the court under section 19 of the Act shall be commenced by the issue of an originating notice of motion (in this rule and rules 3 to 5 referred to as ‘the notice of motion’) in accordance with Form 45 of the Schedule of Forms and which shall have annexed thereto (a) the report of a consultant psychiatrist prepared in accordance with section 17(1)(c) of the Act, and (b) the notice of its decision given by the tribunal to the patient or his or her legal representative under section 18(5) of the Act or a certified copy of same, and shall state the date on which the notice of the tribunal’s decision was received by the patient or by his or her legal representative.

[SI 11/07]

3. The patient shall be the appellant and the tribunal concerned shall be the respondent. Appeals shall be brought in the county where the approved centre concerned is situated or the appellant ordinarily resides. The notice of motion shall be signed by or on behalf of the appellant and shall state the sitting of the court at which the appeal is to be made.

[SI 11/07]

4. A copy of the notice of motion shall be served upon each of the persons referred to in paragraphs (a), (b) and (c) of section 19(6) of the Act no later than four days prior to the return date specified in the notice of motion by any of the modes specified in section 19(15) of the Act.

[SI 11/07]

5. The court may at any time direct service of a copy of the notice of motion on any other person in accordance with paragraph (d) of section 19(6) of the Act or with section 19(7) of the Act.

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6. Where any person who would under section 19(8) of the Act be excluded from the court during the hearing of an appeal wishes to be present during the hearing of an appeal, it shall be the responsibility of that person to inform the court of this prior to or at the commencement of the hearing of the appeal, and to apply to the court for permission to remain in court for that purpose. The court, having heard the parties to the appeal, may make such order or give such directions on that person’s application as it thinks fit.

[SI 11/07]

7. An application to the court by the Commission under section 66(4) of the Act shall be commenced by the issue of an originating notice of motion (in this rule and rule 9 referred to as ‘the notice of motion’) in which the Commission shall be named as the applicant and the person convicted of the offence concerned shall be the respondent. The originating notice of motion shall state the grounds on which the application is brought and shall state the date on which the respondent was convicted of the offence concerned (or, where there has been an appeal against the conviction concerned, the date of the final determination of that appeal or of any further appeal (if it is a determination affirming the conviction) or the date of withdrawal of any such appeal). The originating notice of motion shall state the sitting of the court at which the application is to be made.

[SI 11/07]

8. An application under section 66(4) of the Act shall be brought in the county where the approved centre concerned is situated.

9. A copy of the notice of motion under section 66(4) of the Act shall be served upon the defendant no later than 10 days prior to the return date specified in the notice of motion by any of the modes in which civil bills may be served.

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10. (a) An appeal under section 19 of the Act shall be heard upon oral evidence or, in appropriate cases, in such other manner as the court may determine but nothing in this rule shall interfere with the admissibility pursuant to section 19(14) of the Act of reports prepared pursuant to section 17 of the Act.

(b) An application under section 66(4) of the Act shall be heard on oral evidence.

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11. The court may make such order as to costs on any appeal under section 19 of the Act or application under section 66(4) of the Act as may be appropriate, including an order measuring the costs.

[SI 11/07]

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