General rules for the purposes of appeals from the Mental Health Tribunal to the Court of Appeal
These rules may be cited as the General (Appeals Against Decisions of the Mental Health Tribunal) Rules 1986.
(1)The forms set forth in the schedule, with such modifications as circumstances in a particular case require, are the forms to be used for the purposes of these rules and shall be used for the purposes for which they are respectively expressed to be applicable.(2)A modification of a form, not being in a matter of substance, shall not affect the validity of the proceedings in question.
3Appeal from decision of Mental Health Tribunal
(1)For the purposes of the Mental Health Act 1974, section 43A, a notice of appeal from a decision of the Mental Health Tribunal shall—(a)be in form 1 of the schedule; and(b)set forth accurately and completely the required particulars and grounds of appeal; and(c)be signed by the appellant, the appellant’s solicitor or another person authorised to act on the appellant’s behalf.(2)The appellant, upon filing the notice of appeal, shall serve on the secretary to the Mental Health Tribunal a copy thereof.
An appeal instituted under section 3 shall be set down for hearing in accordance with order 9 rule 3 of the Criminal Practice Rules 1900.
5Secretary to tribunal to furnish material
Upon receipt by the secretary of a copy of the notice of appeal filed in accordance with section 3 the secretary to the Mental Health Tribunal shall furnish to the registrar of the Court of Appeal—(a)originals of documents or writings containing evidence given and notes taken and exhibits produced at the proceedings before the tribunal out of which the appeal arose and the decision of the tribunal in those proceedings;(b)sufficient true copies of the material specified in paragraph (a) certified as such by the secretary to the tribunal;(c)such other documents or writings relevant to the appeal in the possession or under the control of the tribunal as are required (generally or in a particular case) by the registrar and notified by the registrar to the secretary to the tribunal.
(1)A person appealing against a decision of the Mental Health Tribunal may at any time after the appellant has duly filed the notice of appeal in accordance with section 3 abandon his or her appeal by giving to the registrar of the Court of Appeal notice of abandonment thereof in form 3 of the schedule and serving a copy of the notice on the secretary to the Mental Health Tribunal.(2)Thereupon it shall be deemed that the appeal has been dismissed by the Court of Appeal.
An order for the attendance of a witness before it in an appeal against a decision of the Mental Health Tribunal may be made by the Court of Appeal on form 2 of the schedule on the application at any time of a person who is a party to such appeal or by the person’s solicitor or a person authorised by the person to act on his or her behalf.
8Notification of result of appeal
Upon the final determination of an appeal to which these rules relate, the registrar of the Court of Appeal shall give notification of the determination in form 4 of the schedule to the appellant or the appellant’s solicitor or other person authorised to act on the appellant’s behalf and to the director of psychiatric services.
9Application of Criminal Practice Rules
Where these rules do not provide or do not sufficiently provide in respect of a matter or in relation to the circumstances of a particular case, such of the rules set forth in the Criminal Practice Rules 1900 as may reasonably be applied in respect of that matter or those circumstances shall with all necessary adaptations apply and extend to an appeal to which these rules relate.
