MENTAL HEALTH REVIEW TRIBUNAL [ S.L.262.03 1
SUBSIDIARY LEGISLATION 262.03
MENTAL HEALTH REVIEW TRIBUNAL RULES
( )*
LEGAL NOTICE 92 of 1981.
Title and 
commencement.
1. The title of these rules is the Mental Health Review
Tribunal Rules, and they shall come into force on such date as the
Minister responsible for Justice may fix by notice in the Gazette.
PART I
Interpretation.
Cap. 262.
"applicant" means a person who under the Act is entitled to
apply, or being so entitled has applied, to the Mental Health
Review Tribunal;
"displaced relative" in relation to a patient means the nearest
relative of the patient whose functions under the Act are
exercisable by another person in pursuance of a Court decree made
under article 31 or 32 of the Act;
"Minister" means the Minister responsible for public health;
"nearest relative" in relation to a patient means the person who
has for the time being the functions under the Act of the nearest
relative of that patient;
"patient" in relation to an application means the person in respect
of whom the application is made;
"reference" includes a reference by the Minister under article 35
of the Act and a reference by the Minister responsible for Justice
under article 43 of the Act;
"responsible authority" in relation to a patient liable to be
detained under the Act in a hospital means the manager of the
hospital;
"tribunal" means the Mental Health Review Tribunal.
Method of making 
application.
3. (1) An application shall be made by an applicant, or any
person authorised by him to apply on his behalf on the appropriate
form of application set out in the First Schedule, and shall be sent
to the Tribunal,
(2) The secretary to the tribunal or the responsible authority
shall, on request, supply the appropriate form of application to an
applicant.
(3) When an applicant requests a formal hearing, that fact shall
be stated in his application.
*Not yet in force.
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Power of tribunal 
to postpone 
consideration of 
application.
4. (1) Where an application by or in respect of a patient has
been considered and determined by the tribunal, the tribunal may,
subject to the provisions of this rule, postpone the consideration of
a further application by or in respect of that patient until such time
as the tribunal may direct, not being later than the expiration of
twelve months from the date on which the previous application was
determined.
(2) The power of postponement conferred by sub-rule (1) shall
not apply to -
( a ) any application if the previous application was
determined before a break or change in the authority
for the patient’s detention;
( b ) an application under article 21 of the Act in respect of
a renewal of authority for detention of the patient for a
period of one year, unless the previous application was
made to the tribunal more than six months after the
patient’s admission to hospital; and
( c ) an application under article 29 of the Act.
(3) Where the consideration of an application is postponed, the
tribunal shall so inform the applicant and any other person to whom
a copy or notice of the application has been sent.
(4) Where the consideration of an application is postponed any
action which may have been taken on the application under the
provisions of rules 5 to 7 shall be disregarded, and consideration of
the application shall proceed as if the application had been made at
the expiration of the period of postponement, unless before that
date the application has been withdrawn or is deemed to be
withdrawn in accordance with the provisions of rule 15, or has been
determined in accordance with sub-rule (5).
(5) Where a new application is made in respect of a patient and
is not postponed under this rule, the tribunal may direct that any
postponed application in respect of the same patient shall be
considered and determined at the same time as the new application.
(6) For the purposes of this rule, a break or change in the
authority for the detention of a patient shall be deemed to have
occurred only -
( a ) on his admission to hospital in pursuance of an
application for treatment or in pursuance of a hospital
order without an order restricting his discharge; or
( b ) on the application to him of the provisions of Part III
or Part IV of the Act as if he had been so admitted or
received following -
(i) the making of a transfer direction, or
(ii) the ceasing of effect of a transfer direction or an
order or direction restricting his discharge.
Notice to 
responsible 
authority.
5. The tribunal shall, on receipt of an application or, where
the consideration of an application has been postponed, at the end
of the period of postponement, send a copy of the application to the
responsible authority.
MENTAL HEALTH REVIEW TRIBUNAL [ S.L.262.03 3
Statement by 
responsible 
authority.
6. (1) The responsible authority shall send to the tribunal, not
later than one week from the receipt by the said authority of the
copy of the application, a statement, hereinafter referred to as "the
authority’s statement", containing the information referred to in the
Second Schedule, so, however, that any part of the said statement
which in the opinion of the responsible authority should be
withheld from the applicant on the grounds that its disclosure
would be undesirable in the interests of the patient or for other
special reasons shall be made in a separate document and the said
authority shall specify the reasons for not wishing the information
contained in such document to be disclosed to the applicant.
(2) The tribunal shall, on receipt of the authority’s statement,
send to the applicant a copy of the statement excluding any part
thereof which is contained in a separate document in accordance
with sub-rule (1).
(3) The tribunal shall inform the responsible authority of any
comments on the authority’s statement which the tribunal may
receive from the applicant and shall give the responsible authority
an opportunity of considering any such comments and shall, if the
responsible authority so requests, supply the said authority with a
copy thereof.
Notice to other 
persons interested.
7. The tribunal shall, on receipt of the authority’s statement,
give notice of the application to the person named in the said
statement as exercising the functions of the nearest relative where
the applicant is the patient or the displaced relative, and shall
inform the person to whom notice is given of the arrangements
which will be made for determining the application.
Two or more 
pending 
applications.
8. The tribunal may consider more than one application in
respect of a patient at the same time and may for this purpose
adjourn the proceedings relating to any application. 
PART III
Representation.
to whom notice of the application has been given under the
provisions of rule 7 may be represented by any person authorised in
that behalf, not being a person liable to be detained under the Act
or a person receiving treatment for mental disorder at the same
hospital as the patient by or in respect of whom the application is
made.
(2) An authorised representative may take all such steps and
do all such things relating to the proceedings as the person whom
he represents is by these rules required or authorised to take or do.
(3) Unless the tribunal otherwise directs, a patient or other
person appearing before the tribunal (otherwise than to give
evidence) may be accompanied by such other person as he wishes.
Medical 
examination.
10. The medical member of the tribunal shall, or where there is
more than one medical member the medical members may and one
shall, examine the patient or take such other steps as he or they may
consider necessary to form an opinion of the patient’s mental
condition; and for this purpose the patient may be seen in private
and his medical records examined.
4 [ S.L.262.03 MENTAL HEALTH REVIEW TRIBUNAL
Interview with 
patient.
11. (1) The tribunal may at any time before determining the
application interview the patient and shall interview him if he so
requests, and such interview may take place in private or in the
presence of the applicant or any other person as the tribunal may
think fit.
(2) The tribunal may, where it thinks it appropriate, authorise
any one or more of its members to visit and interview the patient in
private. 
Disclosure of 
information.
12. (1) Except in so far as the tribunal considers it undesirable
to do so in the interests of the patient or for other special reasons,
the tribunal shall make available to the applicant any part of the
authority’s statement which has been withheld from him under the
provisions of rule 6, and shall on request make available to the
applicant and the responsible authority copies of any other
documents obtained by or furnished to the tribunal for the purposes
of the application and a statement of the substance of any oral
information so obtained or furnished, and shall if so requested
adjourn the hearing of the application so far as may in the opinion
of the tribunal be necessary to enable the applicant or the
responsible authority to consider any document or information
made available under this paragraph:
Provided that the tribunal may refuse to supply copies of
any document, or a statement of any oral information, which
appears to the tribunal not to be relevant for the purposes of the
application.
(2) The tribunal may disclose to any person any information
withheld under the provisions of these rules on terms that the
information shall not be disclosed to the applicant or the patient or
to any other person or be used otherwise than in connection with
the application.
Evidence. 13. (1) For the purposes of obtaining information, the tribunal
may take evidence on oath and may subpoena any witness to appear
before the tribunal or to produce documents, but no person shall be
compelled to give any evidence or produce any document which he
could not be compelled to give or produce before any court.
(2) The tribunal may receive in evidence any document or
information notwithstanding that such document or information
would be inadmissible in a court.
(3) Subpoenas shall be signed by the chairman of the tribunal.
Adjournment. 14. Subject to the provisions of rule 26(2), the tribunal may
adjourn the hearing of any evidence or representations or the
consideration of an application to such date as the tribunal may
determine.
Withdrawal of 
application.
15. An applicant may withdraw his application at any time on
giving notice in writing to the Secretary of the tribunal, and an
application shall be deemed to be withdrawn if the patient ceases to
be liable to be detained under the Act in Malta.
PART IV
Informal 
determinations.
16. (1) Where the applicant has not requested a formal
MENTAL HEALTH REVIEW TRIBUNAL [ S.L.262.03 5
hearing, the tribunal may, subject to the provisions of this rule,
determine the application in such manner as the tribunal may think
appropriate.
(2) Before determining the application, the tribunal shall -
( a ) take all such steps as it considers proper (including
interviewing any person) to ensure that it has before it
the information necessary to decide the case; and
( b ) give to the applicant, the responsible authority and any
person to whom notice of the application has been
given under the provisions of rule 7, an opportunity of
an interview with the tribunal, at a time and place of
which at least seven days’ notice shall be given unless
the person concerned has disclaimed any interest in the
application; and
( c ) consider any written representations made to the
tribunal with reference to the application.
(3) Any person interviewed by the tribunal under this rule
shall be given the opportunity of stating his views and drawing the
attention of the tribunal to any evidence or information relevant to
the application.
Reference by 
Minister.
17. The tribunal shall consider a reference by the Minister as if
it were an application by a patient who had not requested a formal
hearing and the provisions of these rules shall apply to the
reference as if it were such an application with the following
modifications:
( a ) rules 4 and 15 shall not apply;
( b ) in rules 5 and 6, for the words "copy of the
application" there shall be substituted the words
"notification of the reference";
( c ) rule 26(3) and (5) shall apply with the substitution of
references to the Minister for references to the
applicant; and
( d ) the Minister may, if he thinks fit, withdraw the
reference at any time before it is determined by the
tribunal.
Reference by 
Minister 
responsible for 
Justice.
18. The tribunal shall consider a reference by the Minister
responsible for Justice in whatever informal manner the tribunal
thinks appropriate and may on any such reference interview the
patient and shall interview him if he so requests; and after
considering the reference the tribunal shall give its advice thereon
to the said Minister.
Proceedings in 
private.
19. All proceedings to which this Part of these rules apply shall
take place in private but the tribunal may, if it thinks fit, authorise
any person to attend.
PART V
Application of Part 
V.
20. This Part of these rules shall apply only to proceedings in
which the applicant has requested a formal hearing. 
Notice of hearing.
6 [ S.L.262.03 MENTAL HEALTH REVIEW TRIBUNAL
date, time and place fixed for the hearing to the applicant, the
responsible authority, any person who has received a notice of the
application under the provisions of rule 7, and to any other person
who in the opinion of the tribunal, should have an opportunity of
being heard.
Decision as to 
formal hearing.
22. Where the applicant who has requested a formal hearing is
the patient, the tribunal may, before proceeding to hear the
application, consider whether a formal hearing would be
detrimental to his health and shall do so if the authority’s statement
includes an opinion by the responsible medical officer that a formal
hearing would be so detrimental, and where the tribunal is of
opinion that a formal hearing would be detrimental to the health of
the patient, the application shall be determined in accordance with
the provisions of rule 16 as if the applicant had not requested a
formal hearing.
Privacy of 
proceedings.
23. (1) The tribunal shall sit in private unless the applicant
requests a hearing in public and the tribunal is satisfied that a
hearing in public would not be detrimental to the interests of the
patient and would not for any other reason be undesirable.
(2) When sitting in private the tribunal may admit to the
hearing any person or class of persons on such terms and conditions
as the tribunal may consider appropriate.
(3) The tribunal may exclude from any hearing any person or
class of persons it thinks fit; and it may exclude the patient or any
other person while the tribunal is hearing evidence if, in its
opinion, it would be undesirable in the interests of the patient or for
other special reasons for the patient or such other person to be
present.
(4) Except in so far as the tribunal may direct, information
about proceedings before the tribunal and the names of any person
concerned in the proceedings shall not be made public.
Procedure. 24. (1) Subject to the provisions of this rule, any person who
has received notice of the hearing may appear and take such part in
the proceedings as the tribunal may think proper.
(2) The tribunal shall give an opportunity to the applicant to
address the tribunal, to give evidence and to call witnesses; and the
responsible authority, and with the permission of the tribunal any
other person, may put questions to the applicant or to any witness
called by him or on his behalf.
(3) The tribunal shall give the responsible authority and any
other person notified of the hearing under the provisions of rule 21
an opportunity to address the tribunal, to give evidence and to call
witnesses and may permit any other person whom the tribunal may
think fit to do so; and the applicant and the responsible authority,
and with the permission of the tribunal any other person, may put
questions to any person giving evidence before the tribunal.
(4) Where the patient is the applicant or is called as a witness,
the tribunal may, if it considers it desirable in the interests of the
patient’s health to do so, interview the patient or take his evidence
in private or in any manner the tribunal thinks appropriate.
MENTAL HEALTH REVIEW TRIBUNAL [ S.L.262.03 7
Adjournment for 
further 
information.
25. (1) Where it appears to the tribunal that it is desirable to
obtain further information on any point, the tribunal may adjourn
for the information to be obtained in such manner as it may direct
or for the applicant or any other person concerned to produce the
information.
(2) Where after any such adjournment the tribunal considers
that a resumed hearing is desirable or where a resumed hearing is
requested by the applicant or the responsible authority, not less
than seven days’ notice thereof (or such shorter notice as all
persons concerned may agree) shall be given to the applicant, to the
responsible authority and to any other person who was notified of
the hearing under the provisions of rule 21 and who appeared at the
previous hearing.
PART VI
Decisions.
tribunal shall be the decision of the tribunal and, in the event of an
equality of votes, the chairman of the tribunal shall have a second
or casting vote.
(2) The decision of the tribunal shall be signed by the
chairman and shall be deposited with the Secretary of the tribunal.
(3) A copy of the decision of the tribunal shall be sent, within
seven days of its deposit, by the Secretary of the tribunal to the
applicant, the responsible authority, the patient (where he is not the
applicant) and to such other persons as the tribunal may direct, and
the said Secretary shall at the same time inform the applicant and
the responsible authority of their right to request reasons for the
decision in accordance with sub-rule (5):
Provided that where the tribunal considers that it would not
be desirable to communicate a copy of their decision to the patient
(where he is not the applicant), the decision shall be communicated
to him in such manner as the tribunal may think appropriate.
(4) The reasons for the tribunal’s decision shall be signed by
the chairman.
(5) The applicant and the responsible authority may, within
twenty-one days after receiving a copy of the tribunal’s decision,
request the tribunal to give its reasons, and the tribunal shall
comply with any such request except where it considers that it
would be undesirable to do so in the interests of the patient or for
other special reasons.
(6) Subject to the provisions of this rule, the tribunal may,
where it thinks it proper to do so, prohibit the publication of the
text or a summary of the whole or part of its decision or of its
reasons, or direct that the text or summary may be published only
to such persons and on such conditions as the tribunal may
prescribe.
Time.
may be extended by the chairman of the tribunal on such terms (if
any) as he may think fit and such extension may be granted
although the application for extension is not made until after the
expiration of the time appointed.
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Services of notices, 
etc.
28. Any application, notice, subpoena or document required or
authorised by these rules to be sent or given to any person may be
sent by prepaid post or delivered -
( a ) in the case it is directed to the tribunal, its chairman or
its Secretary, to its office;
( b ) in any other case, to the the known address of the
person to whom it is directed;
and if sent or given to the authorised representative of any person it
shall be deemed to have been sent or given to that person.
Language of the 
tribunal.
29. The Maltese language shall be the language of the tribunal
and all proceedings shall be conducted in that language.
MENTAL HEALTH REVIEW TRIBUNAL [ S.L.262.03 9
FIRST SCHEDULE
Rule 3
FORM 1
Application by Patient in Hospital
I ........................................................................... hereby apply
(name and address of patient)
to the Mental Health Review Tribunal in accordance with article ............. (state
article of the Act) of the Mental Health Act.
I am detained in ..........................................................
(name of hospital)
Details of application .......................................................
(the applicant may give his reasons for making the application. If a formal hearing is
desired, this should be stated here).
...................................................................................................
Signature of patient or person
authorised to sign on his behalf ....................
Date .........................................
10 [ S.L.262.03 MENTAL HEALTH REVIEW TRIBUNAL
FORM 2
Application by Patient’s Nearest Relative or by Displaced Relative
1. I .................................................................. hereby apply
(name and address of patient)
to the Mental Health Review Tribunal in accordance with article ........ (state article
of the Act) of the Mental Heath Act, in respect of ............................................
(name of patient) who is detained in ......................................................
(name of hospital)
2. I am -
( a ) the patient’s nearest relative within the meaning of the Act, being his/her
..................................................................., and
(state relationship)
am exercising the functions of nearest relative,
or ( b ) the patient’s nearest relative within the meaning of the Act, being his/her
........................ but was divested of the functions
(state relationship)
of nearest relative by a Court Decree dated the ..............................
(date of decree)
or ( c ) authorised to exercise the functions of the patient’s nearest relative by a
Court Decree and a copy thereof is attached to this application.
3. Details of application .................................................
(the applicant may give his reasons for making the application. If a formal hearing is
desired, this should be stated here).
...................................................................................................
Signature of patient or person
authorised to sign on his behalf ....................
Date .........................................
MENTAL HEALTH REVIEW TRIBUNAL [ S.L.262.03 11
SECOND SCHEDULE
Rule 6
Statement by Responsible Authority
A. Facts for the information of the tribunal, so far as known to the authority.
1. Patient’s name.
2. Patient’s age.
3. Date of patient’s admission to hospital in which now detained.
4. History of present authority for detention, i.e. date of admission, article
of the Act under which made, date of any subsequent renewals or
transfer, or removal of restriction on discharge.
5. Form or forms of mental disorder from which patient is recorded as
suffering in the authority for detention (as amended by any
reclassification under the Act).
6. Name and address of patient’s nearest relative or, if some other person
is exercising the functions of nearest relative, that person.
7. If the responsible authority considers the applicant not entitled under
the Act to make the application, reasons for this opinion.
B. Reports
1. Statement of reasons why the responsible authority is not willing to
discharge the patient (including a report on the patient’s mental
condition and an account of the facilities available for the care of the
patient if the authority for detention was discharged) or, in the case of
an application under article 29 of the Act, the grounds on which the
authority considers the special criteria described in that section to be
established.
2. If the applicant is the patient and has requested a formal hearing,
opinion of responsible medical officer as to whether this would be
detrimental to the patient’s health.
3. Any other observations on the application.
