The High Court has ruled that a District Court judge cannot require the Registrar of Wards of Court to arrange a capacity inquiry, or apply directly by motion to the President of the High Court for a medical visitor to assess a person.
President of the High Court Mr Justice Kelly answered both questions in the negative in a consultative case stated by Dublin Metropolitan District Judge Anthony J. Halpin. The judgment, delivered on 20 April 2018, concerned the limits of a District Court judge’s role under the Lunacy Regulation (Ireland) Act 1871.
The questions arose while John Delaney, also known as Jack Delaney, was before the District Court facing 60 summary charges, including theft, public order, drug and firearms offences. Judge Halpin was concerned about whether Mr Delaney could understand the charges and manage his affairs, and whether he could give clear instructions to his solicitor.
A psychiatric examination had been ordered, but the case stated recorded that its report did not address Mr Delaney’s capacity to manage himself or his affairs. Attempts to arrange assessments for the two medical affidavits required for an inquiry under the 1871 Act were unsuccessful. The judge was also told that the psychiatrist could not assess capacity or provide one of those affidavits.
Mr Justice Kelly said the power to direct a medical visitor to examine and report on a person thought to be of unsound mind rested with the President of the High Court, unless the President assigned that function to an ordinary High Court judge. It was not a power held by the District Court or its judges, and the Registrar could not direct a medical visitor to report on the District Court’s request.
The judgment said a District Court judge who believes a person is of unsound mind and unable to manage their affairs may write to the Registrar of Wards of Court. The letter should set out both the judge’s belief and its basis. The Registrar can place the material before the President, who may then decide whether to exercise the statutory power.
In this case, Mr Justice Kelly separately exercised that power and required a medical visitor to examine Mr Delaney and report. The visitor could not assess him because he was intoxicated from narcotics and said a meaningful assessment could not be carried out until he was abstinent from drugs.
The court’s disposal answered both questions in the consultative case stated in the negative. It did not determine whether Mr Delaney lacked capacity or make a wardship order.