In the matter of an application by Sharon McBurney for Judicial Review
| Jurisdiction | Northern Ireland |
| Judge | Weatherup J |
| Judgment Date | 2004 |
| Neutral Citation | [2004] NIQB 37 |
| Court | Queen's Bench Division (Northern Ireland) |
| Year | 2004 |
| Date | 18 June 2004 |
1
Neutral Citation no. [2004] NIQB 37 Ref:
WEAC4170
Judgment: approved by the Court for handing down Delivered:
18/06/2004
(subject to editorial corrections)
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
QUEEN’S BENCH DIVISION (JUDICIAL REVIEW)
________
IN THE MATTER OF AN APPLICATION BY SHARON McBURNEY
FOR JUDICIAL REVIEW
________
WEATHERUP J
The application
[1] The applicant is a patient detained at Knockbracken Health Care Park
under the Mental Health (NI) Order 1986. She applies for Judicial Review of a
decision of the Mental Health Review Tribunal made on 30 May 2003 by
which the Tribunal dismissed her application under Article 77(1) of the 1986
Order that she be discharged.
The Mental Health (NI) Order 1986
[2] The 1986 Order makes provision for the detention, guardianship, care
and treatment of patients suffering from mental disorder. Under Article 12 a
patient may be detained for treatment further to the report of a medical
practitioner appointed by the Mental Health Commission for Northern
Ireland. Article 13 provides for the renewal of authority for detention of the
patient for a further period of 6 months and then for further periods of 1 year.
Article 14 provides for the discharge of the patient from detention by a
written order made in specified circumstances by the responsible medical
officer or the responsible board or the nearest relative.
[3] Part V of the 1986 Order provides for the Mental Health Review
Tribunal for Northern Ireland. Article 71 provides for applications to the
Tribunal by a patient detained for treatment. Article 77 provides for the
discharge of patients as follows -
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School X’s Application
...to a decision making process should know the detail of the case against him. He refers me to the passage in Re McBurney’s Application [2004] NIQB 37, at paragraph [14]: “Procedural fairness requires that a party has the right to know the case against him and the right to respond to that cas......