Citizens Advice Bureau

PDF

LOCAL INFORMATION

10.5.1
Mental Health Law, Jersey

Extent:Jersey
Updated 19 August 2015
---------------------------------------------------

Words you may need to know

Articles - parts to a law

Detention/ detained - held in a secure unit

Consultant - this is a medical specialist

Discharged - allowed to leave as no longer requiring treatment

Absconds - this is leaving without permission

Order - this is a court order giving permission for something to happen

Burden of proof - the need to prove a case or argument

Convince -  persuade someone to believe something

Under the Mental Health (Jersey) Law 1969 there are THREE Articles which allow for the detention of a patient.

 

Article 10 - Under which a person can be detained for up to 72 hours

Article 6 -  For up to 28 days

Article 7 -  For up to 1 year

The Consultant decides as to when a person should be discharged. If a person absconds, the Police will be called to have them returned to hospital.

A person can be discharged before the end of their detention order. Again it is the Consultant's decision.

The person detained under Article 7  has a right of appeal to the Mental Health Review Tribunal - forms are available from The Secretary to the Tribunal, c/o Administration Office, St Saviour's Hospital, St Saviour.

 

The burden of proof rests with the Health & Social Services Department who will attempt to convince the tribunal that a patient must continue to be detained.