Southern Irish cases

The old category structure shown on this page is comprehensive as it contains every case. The new database structure introduced in 2019 contains fewer cases but is easier to search: see Special:Drilldown/Cases.
The pages below are initially ordered according to the dates on which they were added to the site (most recent first). The order can be changed by clicking on the symbol beside a column heading: click on the symbol beside "Page and summary" for alphabetical order; click beside "Categories" for the order in which the cases were reported. Click on the arrow symbol again to reverse the order. Click on a page name to view the relevant page. Asterisks mark those cases which have been added to the new database structure.

Case and summary Date added Categories
XY v Clinical Director of St Patricks University Hospital (2012) IEHC 224, [2012] MHLO 85 — Consideration of meaning of 'examination' within the meaning of the Southern Irish Mental Health Act 2001. [Summary required.] 2012‑08‑31 22:42:14 2012 cases, No summary, Southern Irish cases, Transcript

L v Clinical Director of St Patrick's University Hospital (2012) IEHC 15, [2012] MHLO 36Unsuccessful claim for unlawful detention by 'voluntary patient' who was not allowed to leave hospital ward. 2012‑04‑28 17:43:42 2012 cases, Brief summary, Judgment available on Bailii, Southern Irish cases, Transcript

Han v President of the Circuit Court (2008) IEHC 160 — "In the relatively recent past, the applicant was involuntarily committed to a mental hospital under the Mental Health Act 2001. The detention was reviewed by a Mental Health Tribunal and affirmed as correct. The applicant then appealed to the Circuit Court. Before he could process that appeal, he became well and was discharged from the mental hospital. Deery J, the President of the Circuit Court, struck the matter out from the hearing list as, the applicant then being well, he considered the matter to be moot. The applicant now challenges this decision." 2012‑04‑28 17:37:10 2008 cases, No summary, Southern Irish cases, Transcript

Re JO'B; HSE v JO'B (2011) IEHC 73 — "In these proceedings the Health Service Executive ('H.S.E.') seeks declarations that Mr. J. O'B. is a person who lacks capacity to make decisions in relation to his treatment care and welfare; that Mr. O'B. is a person in need of an appropriate and continuous regime of clinical, medical and nursing treatment in an environment of therapeutic security, this being in his best welfare and interest; that the clinical, medical, nursing, therapeutic security, welfare services and treatment at the Central Mental Hospital (C.M.H.), Dundrum, are appropriate to his needs; and for an order directing the H.S.E. to detain Mr. O'B in the C.M.H., as well as seeking various ancillary reliefs. What makes this application very unusual, if indeed not entirely unique, is that it is agreed on all sides that Mr. O'B. is not suffering from a mental illness or mental disorder as that term is defined in s. 3 of the Mental Health Act 2001, and accordingly it is agreed that the provisions of that Act are of no application." [Summary required.] 2012‑04‑28 14:55:17 2011 cases, No summary, Southern Irish cases, Transcript

The People (at the suit of the Director of Public Prosecutions) v McMahon (2011) IECCA 94The Southern Irish DPP appealed an 11.5-year sentence and invited the Criminal Court of Appeal to impose a life sentence as a form of preventive detention (akin to the English IPP sentence). The court held: 'The protection of the public is an appropriate factor in the exercise of the sentencing function, but it cannot be extracted from that function to create a self-standing judicially created jurisdiction to impose a form of preventive detention. Whether sentencing courts should have the power to order the detention of individuals deemed to posed an immediate threat to the public, over and beyond any appropriate sentence for the crime committed, is a matter which should be addressed in the first place by detailed legislation by the Oireachtas after appropriate research and debate, and subject to Constitutional and Convention review if appropriate.' 2012‑01‑20 21:50:29 2011 cases, Brief summary, Southern Irish cases, Transcript

F v Clinical Director of Our Lady's Hospital (2010) IEHC 243The discharge of the patient from voluntary status (despite his desire to remain as a voluntary patient) and the subsequent admission order making him an involuntary patient, in order to be transferred to the Central Mental Hospital in Dublin, and the CMH policy only to accept involuntary patients, were lawful. 2010‑10‑06 20:29:53 2010 cases, Brief summary, Southern Irish cases, Transcript

Minister for Justice, Equality and Law Reform v Murphy (2010) IESC 17(1) A 'sentence of detention' under (Irish) European Arrest Warrant Act 2003 s10(d), read with the aid of the relevant Framework Decision, is any order involving deprivation of liberty which has been made by a criminal court in addition to or instead of a prison sentence. (2) This therefore includes a restricted hospital order made under s37/41 MHA 1983. (3) The appellant, who had escaped having been convicted of extraditable offences, was surrendered to the UK. 2010‑09‑23 19:53:25 2010 cases, Brief summary, Southern Irish cases, Transcript

FW v Dept of Psychiatry James Connolly Memorial Hospital (2008) IEHC 283 — Challenge to lawfulness of detention under Southern Irish law. [Summary required.] 2009‑12‑09 23:14:06 2008 cases, Miscellaneous, No summary, Southern Irish cases, Transcript

Z v Khattak (2008) IEHC 262 — Challenge to lawfulness of detention under Southern Irish law. [Summary required.] 2009‑12‑09 23:10:44 2008 cases, Miscellaneous, No summary, Southern Irish cases, Transcript

C v Clinical Director of St Patricks Hospital (2009) IEHC 13 — This is an application on behalf of the applicant for a declaration that the applicant is unlawfully detained by the first respondent contrary to Article 40.4 of the Constitution. The essence of the applicant’s case is that prior to her arrival at the respondent’s hospital, she was initially detained by the gardaí and unlawfully removed to the hospital by them. The applicant argues that this alleged unlawful detention by the gardaí, has tainted the subsequent detention by the respondents even though, by and large, apart from this initial reception the respondents have meticulously followed the proper procedures for dealing with such persons as set out in the legislation and the Mental Health Act 2001 in particular. [Summary required.] 2009‑12‑09 22:57:32 2009 cases, No summary, Southern Irish cases, Transcript, Unlawful detention cases

Croke v Ireland 33267/96 [2000] ECHR 680The applicant's case under Article 5 (about the absence of an independent and automatic review prior to or immediately after his initial detention in a psychiatric institution and about the absence of a periodic, independent and automatic review of his detention thereafter) was struck out of the list on the basis of a friendly settlement based on the Southern Irish government's intention to enact the Mental Health Bill 1999 to replace the Mental Treatment Act 1945. 2009‑04‑09 22:14:10 2000 cases, Brief summary, ECHR, MHLR summary, Southern Irish cases, Transcript