B v Clinical Director of an Approved Centre (Unapproved)

This is an appeal from a High Court decision on an enquiry pursuant to Article 40.4.2 of the Constitution into the legality of the appellant�s detention at an approved centre pursuant to the Mental Health Act 2001.� At the time of the application to the High Court, the appellant was detained in the approved centre, although he has since been released. Apart from a question of mootness which has been raised by the respondent, the case raises an issue of statutory interpretation concerning extensions of time made by a mental health tribunal pursuant to s.18(4) of the Act. �

An application was made for a review and a mental health tribunal convened on the 11 June 2021 to consider and review the admission order made on the 26 May 2021. It decided that because there was a conflict in the evidence which required witness evidence from the Garda�, it should exercise its powers pursuant to s.18(4) of the 2001 Act to extend by 14 days the time within which it was required to make a decision as to whether to affirm or revoke the admission order, and adjourned the hearing to enable the necessary witness(es) to attend.

On the 28 June 2021, five days later, the consultant psychiatrist signed a renewal order extending the detention for a further period, to end on the 27 September 2021.

The provisions with which we are concerned in this judgment fall within Part 2 of the 2001 Act which is concerned with involuntary admissions to approved centres. S.14 deals with admission orders:-

�(1) Where a recommendation in relation to a person the subject of an application is received by the clinical director of an approved centre, a consultant psychiatrist on the staff of the approved centre shall, as soon as may be, carry out an examination of the person and shall thereupon either �