A mental disorder means mental illness, severe dementia or significant intellectual disability, where there is a likelihood of the person concerned causing immediate and serious harm to himself or others or because of its severity the judgment of the person concerned is so impaired that failure to admit him to an approved centre would be likely to lead to a serious deterioration in his condition […]
Procedure Historically, large numbers of persons were detained involuntarily in asylums. The number of those involuntarily detained has decreased significantly over the last 50 years. The proportion of persons involuntarily detained has declined from nearly 80 percent to close to 10 percent. The commencement of an application for the involuntary admission of an adult to an approved centre follows a recommendation following, examination by a […]
The admission order is made for a period of up to 21 days. It must be sent within 24 hours to the Metal Health Commission together with a copy of the application and recommendation. The admission order application recommendation must also be given to the patient. The patient must be given notice of the order within 24-hours. This includes a statement of prescribed information. The […]
Mental health legislation was updated by the Mental Health Act 2001. The Legislation established the Mental Health Commission whose function is to promote and foster high standards and practices in relation to mental health services and to take reasonable steps to protect the interests of persons detained under the legislation. The members of the Commission are appointed by the Minister for Health and Children. Three […]
General Mental health. The vast majority of admissions into psychiatric institutions are voluntary. Every patient not admitted involuntarily, has the right to leave a mental health facility unless the criteria for involuntary retention apply. The mental health legislation does not apply to voluntary patients as such. A voluntary patient covers a person receiving care and treatment at an approved centre who is not the subject […]
Mental Health Tribunal The Mental Health Tribunal was introduced by the Mental Health Act 2001 and constituted a fundamental new element in mental health law. The Mental Health Commission has produced procedural guidance and protocols in relation to the operation of the Mental Health Tribunal. Mental Health Tribunals deal with involuntary admission order regrading from voluntary to involuntary renewals orders proposal to perform psychosurgery transitional […]
Fit for Trial The law relating to criminal insanity was reformed in 2006. The Central Mental Hospital was designated as a centre for the reception, detention, care and maintenance of persons admitted or transferred there under the legislation. A psychiatric centre may also be a Designated Centre for the purposes of the legislation. The legislation on insanity applies where in the course of the trial […]
Mental Health Criminal Law Review Board The legislation establishes the Mental Health Criminal Law Review Board. It is independent in the exercise of its functions and shall have regard to the welfare and safety of persons whose detention or conditions of discharge it reviews and for the public interest. The Review Board holds sittings for its functions and may receive evidence. It must take account […]