The High Court has ruled that the detention of an anonymised man at St Brigid’s Hospital in Ardee was lawful after Gardaí acted on concerns raised by two psychiatrists.
S.C. challenged his detention under Article 40.4.2 of the Constitution. He had been arrested at his family home on February 19, 2009 under section 12 of the Mental Health Act 2001 and brought through the statutory process for involuntary admission.
The events followed an incident on February 5 in which S.C. drove the wrong way down a one-way street and into a shop. He later presented himself at Drogheda Garda station. He was subsequently charged with two offences under the Criminal Damage Act 1991 and later released on bail.
During that period, consultant forensic psychiatrist Dr Conor O’Neill wrote to Gardaí expressing concern that S.C. posed a significant risk to the public and specifically to his father. Consultant psychiatrist Dr MacDara McCauley later wrote separately stating that there were serious concerns about risks to S.C.’s family and the public.
Gardaí arrested S.C. on February 19. His GP, Dr H.P. Barry, then recommended involuntary admission. S.C. was brought to St Brigid’s Hospital, where Dr McCauley examined him and made an admission order under section 14 of the 2001 Act.
S.C.’s lawyers argued that section 12 could only be used where there was a serious likelihood of immediate and serious harm and that the Garda arrest was unlawful. They contended that this invalidated the later hospital detention.
Dunne J rejected that argument. She held that Gardaí had reasonable grounds to act on the psychiatrists’ recent written warnings. The fact that Dr McCauley’s later admission order relied on a different statutory basis did not retrospectively invalidate the arrest.
The court also noted that the Mental Health Act contains further safeguards after a section 12 arrest, including medical assessment before an admission order can be made.
The High Court therefore held that S.C. was lawfully detained under the February 19 admission order.