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MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 55

Appeals.

55.(1) Where a hospital order, guardianship order or
order restricting discharge has been made by a court of summary jurisdiction
[or the Crown Court] in respect of a person charged before it, he may, without
prejudice to any other form of appeal under any rule of law, appeal against
that order in the same manner as against a conviction.

[(2) An order made by a court of summary jurisdiction against which a person
appeals by virtue of this section shall

(a)for the purposes of section one hundred and forty of the Magistrates'
Courts Act (Northern Ireland) 1964 be treated as if it were an order made on
conviction;

(b)be a determination of the proceedings in which the order was made for the
purposes of section one hundred and forty-six of that Act.]

(3) On any appeal to any court by a person against an order restricting his
discharge, the court shall have the like powers as if the appeal were against
the hospital order in respect of him as well as against the order restricting
his discharge.

(4) On any appeal to any court by a person against a hospital order or a
guardianship order, the court shall have the like powers as if the appeal were
against any further order made by the court which made the hospital order or
guardianship order, as well as against the hospital order or guardianship
order.

(5) Where a person appeals against a hospital order or guardianship order made
by a court of summary jurisdiction without convicting him, the county court
shall have the like powers on the appeal as if it had been against both
conviction and sentence.

(6) An appeal by a child or young person in respect of whom a hospital order
or guardianship order has been made, whether the appeal is against the order
or against the finding upon which the order was made, may be brought by him or
by his parent or guardian on his behalf.

© 1961 Crown Copyright

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