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Mental health tribunal had lawfully extended initial period of detention by 14 days
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Court of Appeal dismisses appeal from High Court, and affirms determination that a person had been in lawful detention under the mental health legislation, where a mental health tribunal had extended the initial 21-day period of detention by 14 days, and the decision had had the effect of extending the initial period to 35 days, notwithstanding that the mental health tribunal decision had been made more than 14 days before a renewal order issued by a consultant psychiatrist.
Ní Raifeartaigh J (nem diss): Lawfulness of detention - Article 40.4.2 of the Constitution - detention in approved centre under mental health legislation - Mental Health Act 2001, s 18(4) - belief of Gardai that applicant was risk to his mother - admission order under 2001 Act - review of order - conflict of evidence - extension of time to decide whether to affirm or revoke order - affirmation of order on adjourned date - renewal order made after lawful period of detention had expired - whether section 18(4) had the effect of extending the life of the admission order - mootness.
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