The Mental Health (Northern Ireland) Order 1986

Appeals N.I.

51.—(1) On any appeal to any court by a person against a restriction order, 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 restriction order.

(2) On any appeal to any court by a person against a hospital order[F1 , a supervision and treatment 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[F1 supervision and treatment order] or guardianship order, as well as against the hospital order[F1 supervision and treatment order] or guardianship order.

(3) An appeal by a child or young person in respect of whom a hospital order[F1 , supervision and treatment 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.

(4) Where a hospital order[F1 , supervision and treatment order], guardianship order or restriction order has been made by a court in respect of a person charged before it without convicting him, he shall have the same right of appeal against that order as if it had been made on his conviction and accordingly any such order shall—

(a) for the purposes of section 8 of the [1980 c. 47] Criminal Appeal (Northern Ireland) Act 1980 and Article 140 of the [1981 NI 26] Magistrates' Courts (Northern Ireland) Order 1981 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 Article 146 of that Order.

(5) On any such appeal as is referred to in paragraph (4), the Court of Appeal or the county court shall have the same powers as if the appeal had been against both conviction and sentence.

(6) The Criminal Appeal (Northern Ireland) Act 1980 shall have effect subject to the amendments set out in Part I of Schedule 5, being amendments for the purpose of—

(a) conferring a right of appeal to the Court of Appeal against a finding that a person charged on indictment with the commission of an offence is unfit to be tried;

(b) conferring on the Secretary of State a power to refer to the Court of Appeal the case of any person so charged who has been found unfit to be tried;

(c) empowering the Court of Appeal to make a hospital order where on an appeal the Court is of opinion that the appellant should have been found unfit to be tried; and

(d) otherwise amending that Act in consequence of the provisions of this Order.

F1 1996 NI 24