(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.
(2) In deciding
the appeal, the Court of Appeal may—
(a) confirm the decision appealed
against; or
(b) set aside the decision appealed against and substitute
another decision; or
(c) set aside the decision appealed against and return
the matter to the Mental Health Court with the directions the Court of Appeal
considers appropriate.
(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.
(4) If the Court of
Appeal returns the matter to the Mental Health Court, the Court of Appeal must
order that—
(a) either—
(i) the person be remanded in custody and any bail
granted under the Bail Act 1980for the person be revoked; or
(ii) bail be
granted, enlarged or varied under the Bail Act 1980for the person; or
(b)
the person be detained in a stated authorised mental health service.
Note—
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.
(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.
Note—
For the powers of an authorised person when detaining
and transporting a person, see chapter 11 , part 6 , division 5 .
(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.
