Magistrates' Courts (Amendment No. 2) Rules (Northern Ireland) 1997

New Section L in Part VII of the principal Rules

6.  In Part VII of the principal Rules after Section “K”, there shall be added the following new Section—

“L Mental Health (Northern Ireland) Order 1986(1)

Supervision and Treatment Order

147A.— (1) In this Rule—

(a) “the 1986 Order” means the Mental Health (Northern Ireland) Order 1986;

(b) “the petty sessions district concerned” has the meaning assigned to it by paragraph 3(4) of Schedule 2A to the 1986 Order;

(c) “supervision and treatment order” means a supervision and treatment order under Schedule 2A to the 1986 Order;

(d) “supervised person” and “supervising officer” have the meanings assigned to them by paragraph 1(1) of Schedule 2A to the 1986 Order;

(2) An application to a court of summary jurisdiction under paragraph 7(2) or 8(1) of Schedule 2A to the 1986 Order shall be in Form 124 and shall be served on the clerk of petty sessions for the petty sessions district concerned at least 14 days before the hearing of the application and shall be accompanied by a copy of the supervision and treatment Order, to which the application relates.

(3) A copy of Form 124 and of the supervision and treatment order referred to in paragraph (2) shall also be served on the respondent.

(4) The respondent to the application shall be either the supervised person, if the applicant is the supervising officer or the supervising officer, if the applicant is the supervised person.

(5) If the applicant or the respondent fails to appear or to be represented at the hearing of the application without reasonable excuse, the court may adjourn the hearing or may decide the application in his absence.”.

(1)

S.I. 1986/595 (N.I. 4)