Mental Health Act, 2001
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Review by a tribunal of admission orders and renewal orders. |
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. | ||
(2) A decision under subsection (1) shall be made as soon as may be but not later than 21 days after the making of the admission order concerned or, as the case may be, the renewal order concerned. | ||
(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. |