sec.551Appeal powers

sec.551 Appeal powers

The procedure for the appeal is to be in accordance with court rules for the Court of Appeal or, if the rules make no provision or insufficient provision, as directed by the Court of Appeal. In deciding the appeal, the Court of Appeal may— confirm the decision appealed against; or set aside the decision appealed against and substitute another decision; or set aside the decision appealed against and return the matter to the Mental Health Court with the directions the Court of Appeal considers appropriate. If the Court of Appeal substitutes another decision, the substituted decision is taken for this Act, other than this chapter, to be the decision of the Mental Health Court. If the Court of Appeal returns the matter to the Mental Health Court, the Court of Appeal must order that— either— the person be remanded in custody and any bail granted under the Bail Act 1980 for the person be revoked; or bail be granted, enlarged or varied under the Bail Act 1980 for the person; or the person be detained in a stated authorised mental health service. An order made under paragraph (b) is a type of judicial order. A judicial order does not authorise the provision of involuntary treatment and care to the person. For subsection (4) (b) , an authorised person may transport the person to an inpatient unit of the authorised mental health service stated in the order. For the powers of an authorised person when detaining and transporting a person, see chapter 11 , part 6 , division 5 . The person the subject of the reference may be detained under the court’s order in an inpatient unit of the authorised mental health service stated in the order. (sec.551-ssec.1) The procedure for the appeal is to be in accordance with court rules for the Court of Appeal or, if the rules make no provision or insufficient provision, as directed by the Court of Appeal. (sec.551-ssec.2) In deciding the appeal, the Court of Appeal may— confirm the decision appealed against; or set aside the decision appealed against and substitute another decision; or set aside the decision appealed against and return the matter to the Mental Health Court with the directions the Court of Appeal considers appropriate. (sec.551-ssec.3) If the Court of Appeal substitutes another decision, the substituted decision is taken for this Act, other than this chapter, to be the decision of the Mental Health Court. (sec.551-ssec.4) If the Court of Appeal returns the matter to the Mental Health Court, the Court of Appeal must order that— either— the person be remanded in custody and any bail granted under the Bail Act 1980 for the person be revoked; or bail be granted, enlarged or varied under the Bail Act 1980 for the person; or the person be detained in a stated authorised mental health service. An order made under paragraph (b) is a type of judicial order. A judicial order does not authorise the provision of involuntary treatment and care to the person. (sec.551-ssec.5) For subsection (4) (b) , an authorised person may transport the person to an inpatient unit of the authorised mental health service stated in the order. For the powers of an authorised person when detaining and transporting a person, see chapter 11 , part 6 , division 5 . (sec.551-ssec.6) The person the subject of the reference may be detained under the court’s order in an inpatient unit of the authorised mental health service stated in the order.