This page covers applications to the Mental Health Review Tribunal about detention or guardianship under the Mental Health (Jersey) Law 2016.
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What the Tribunal is and which law governs it
The Mental Health Review Tribunal is an independent tribunal that reviews detention and guardianship under the Mental Health (Jersey) Law 2016. Part 7 of that Law sets it up. Members are drawn from a panel kept by the Bailiff, made up of legal members (advocates or solicitors of the Royal Court of at least 5 years' standing), medical members and lay members (Article 47).
Its procedure is set by the Mental Health and Capacity (Review Tribunal) (Procedure) (Jersey) Order 2018. The same Order also covers reviews under the Capacity and Self-Determination (Jersey) Law 2016, so the Tribunal deals with capacity cases as well as mental health ones.
Jersey's scheme is not the English Mental Health Act. Jersey law has its own categories of detention and guardianship, and its own time limits for applying.
Who can apply, and when
A patient, the patient's nearest person or another listed applicant can apply for a review (Article 50). The windows are set out in the table in Part 2 of the Schedule to the Law. Each one runs from a fixed starting point:
- Detention for assessment: 14 days from the day notice of admission is given under Article 20(2).
- First detention for treatment: 6 months from notice of admission.
- First renewal of a treatment authorization: 6 months from the renewal. Later renewals: 12 months from each renewal.
- Recall from absence: 14 days from the day the power of recall is used.
- Detention after absence without leave: 28 days from being detained.
- Reception into guardianship: 6 months from the guardianship authorization.
- A treatment order made or renewed: 6 months from the order.
- Withheld post: the patient, or the person who sent it, has 6 months from notice that it was withheld.
Only one application can be made by the same applicant within each window, unless an earlier application was withdrawn (paragraph 8 of the Schedule). The Minister or the Attorney General can also refer a detained or guardianship patient's case to the Tribunal, which then deals with it as if the patient had applied (Article 51).
The test the Tribunal applies
For a detained patient, the Tribunal must direct discharge unless it is satisfied of two things (Article 52):
- the patient is then suffering from mental disorder of a nature or degree that warrants detention for assessment or treatment; and
- continued detention is necessary in the interests of the patient's health or safety, or to protect other people.
For guardianship, the test is whether the disorder warrants guardianship and whether it is necessary for the patient's welfare or to protect others. The Tribunal can also direct discharge on a future date. Its power is to discharge; the Law does not give it a general power to rewrite the terms of detention.
How a case is prepared and heard
An application is made in writing (Article 4 of the Procedure Order). It should state:
- the names and addresses of the applicant, the patient and any representative
- the decision being challenged
- the result sought
- the reasons relied on
The responsible authority must then send the Tribunal a statement with reports and supporting documents. It must also give the Tribunal, and generally the applicant, access to other relevant records, including psychiatric records (Article 6).
Before the hearing, the Tribunal's medical member may examine the patient in private and look at medical records (Article 12). A doctor authorized by the applicant can also visit and examine the patient to advise on the case (Article 53 of the Law).
Hearings are held in private unless the applicant asks for a public hearing and the Tribunal agrees it would not harm the patient (Article 17). A party can be represented by anyone they appoint, subject to limited exceptions. The Tribunal can appoint a representative where the patient wants one, or lacks capacity to appoint one (Article 11).
After the decision
The decision is made by majority and must be sent in writing within 7 days. The parties must also be told of their right to receive reasons (Article 19 of the Procedure Order).
Anyone aggrieved by the decision can appeal to the Royal Court, but only on a point of law (Article 54 of the Law). The Royal Court can quash or affirm the decision, give any direction the Tribunal could have given, or send the case back. A procedural irregularity alone does not invalidate a decision unless it stopped a party presenting their case fairly.
Mental Health Review Tribunal Asked Questions
Here are answers to common questions about the Mental Health Review Tribunal in Jersey. If you have unanswered questions, please contact us using the form above or you can contact us here.
Can an Advocate appeal a decision made by the Jersey Mental Health Review Tribunal?
Yes. If the tribunal delivers an adverse decision, an Advocate can evaluate the proceedings for errors of law or procedural unfairness. A person aggrieved by a Tribunal decision can appeal to the Royal Court, but only on a point of law (Article 54 of the Mental Health (Jersey) Law 2016).
What specific statutory powers does the Mental Health Review Tribunal have in Jersey?
The Mental Health Review Tribunal is an independent tribunal set up under Part 7 of the Mental Health (Jersey) Law 2016 to review detention and guardianship. Under Article 52 it must direct a patient's discharge unless satisfied that the patient's mental disorder warrants continued detention or guardianship and that this is necessary for the patient's health, safety or welfare or to protect others; it can direct discharge on a future date.
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