2. The information prescribed by section 3 of the Law shall be in writing and be sworn by the informant before the Court. (Form 1.)
The Court may examine the informant on oath as to the grounds of his suspicion and belief and also ask him for the names of any medical practitioners who have attended or treated the person suspected of being mentally afflicted.
3.-(1) Upon receipt of any such information as aforesaid the Court may, if it so thinks fit, direct the issue of a summons calling on the suspected person to appear before the Court on a specified day for the purpose of an inquiry as to his state of mind. (Form 2.)
(2) The summons shall also direct the suspected person to submit to an examination by the medical practitioner named therein upon production of his notice of appointment.
(3) Subject to the provisions of rule 17, the summons shall be served on the suspected person as early as possible.
4.-(1) The Court shall appoint any medical practitioner whom it shall think fit to examine the suspected person.
(2) The Court may, if it so thinks fit, at anytime cancel an appointment which it has made and make another in its place. But where another appointment is made the summons to the suspected person shall, if necessary, be amended accordingly; or, where service thereof has already been effected, notice of the new appointment shall, subject to the provision of rule 17, be [*431] served on the suspected person. Likewise, notice that his appointment has been cancelled shall be served on the medical practitioner concerned if, in accordance with the provisions of rule 5 (1) he has already been served with notice of his appointment. (Form 5.)
5.-(1) The medical practitioner appointed to examine the suspected person shall be served with a notice of appointment together with a form of certificate. (Forms 3 and 4.)
(2) Such notice shall direct the medical practitioner appointed to fill in the form of certificate with the required particulars if he is of opinion that the suspected person is mentally afflicted and a proper subject of confinement as a mental patient; or, if he is not of such opinion, to endorse the form with a note to that effect without filling in any particulars.
(3) Save where the Court otherwise directs, the form of certificate, whether filled in or endorsed as in sub-rule (2) of this rule directed, shall be filed in court at least three days before the day fixed for the inquiry.
(4) The medical practitioner examining the suspected person shall, unless the Court otherwise directs, attend the Court on the day fixed for the enquiry as to the suspected persons state of mind and answer such questions as the Court may see fit to allow.
6. The Court may at any time by order permit, on such terms as may be just, any one who is interested in the suspected person to do on his behalf all things which may be necessary for the conduct of his case. The Court may at any time vary or revoke such order.
7.-(1) The procedure to be followed at the inquiry shall, as nearly as possible, be the same as the procedure followed in criminal proceedings upon summary trial.
(2) Where the Court is satisfied by medical evidence that it is in the interest of the suspected person that he should not be present at the inquiry, the inquiry may be held in his absence. In all other cases of absence of the suspected person a warrant may be issued to compel his attendance.
8. The Court adjudging a person to be a mental patient and a proper subject of confinement, or making an order for his Confinement, shall inform him that he may appeal to the Supreme Court and if he thereupon declares his desire to appeal, the Court shall explain to him the steps which he should take for the prosecution of the appeal. (Forms 6 and 7.)
9. The Supreme Court or a Judge thereof may, at any time after an intention to appeal has been declared, by order permit, on such terms as may be just, any one who is interested in the appellant to do on his behalf all things which may be necessary in connection with the appeal. Such Court or Judge may at any time vary or revoke such order.
10. The appellant shall, unless the Supreme Court or a Judge thereof otherwise directs, be present at the hearing of the appeal. [*432]
11.-(1) (a) Every application under section 6 (2) of the Law shall be filed in the local registry of the Court having jurisdiction in the administrative district in which the premises wherein the person affected by the application is confined are situated; or, if the person affected by the application has been allowed to be absent on parole under section 13 or 22 of the Law, the application shall be filed in the local registry of the Court having jurisdiction in the administrative district in which the person in whose charge he is usually resides; or, if the person affected by the application has been discharged from hospital under section 13 of the Law, the application shall be filed in the local registry of the Court having jurisdiction in the administrative district in which such person is residing. (Form 8.)
(b) Every such application shall be supported by affidavit and accompanied by a copy of the order of adjudication sought to be rescinded. (Form 9.)
(c) A copy of the application and affidavit together with notice of the day fixed for the hearing shall be served on the superintendent of the mental hospital or the licensee of the premises having custody of the person affected by the application; or, if the person affected by the application has been allowed to be absent on parole, the documents aforesaid shall be served on the person in whose charge he is; or, if the person affected by the application has been discharged from hospital, the documents aforesaid shall, where such person is not himself the applicant, be served on such person.
(d) Save where the Court otherwise directs, the superintendent or the licensee or the person having custody or charge of the person affected by the application shall have him present at the hearing.
(2) Where the Court directs the adjudication to be rescinded and the order of confinement to be revoked, it shall order the discharge of the person affected thereby if he is in the custody or charge of any person; and if the person whose discharge is ordered is present in Court, he shall be immediately discharged; or if he is not present in Court, the Court shall cause a copy of its order to be promptly served on the person in whose custody or charge lie is and such person shall forthwith discharge him. (Form 10.)
12.-(1) The information prescribed by section 16 (2) of the Law shall be accompanied by a copy under the hand of the Colonial Secretary of the order containing the conditions upon which the person informed against was discharged. (Form 11).
(2) Upon receipt of an information as aforesaid the Court shall, if necessary, issue a warrant for the arrest of such person, and he shall be brought before the Court immediately after his arrest (Form 12). [*433]
The warrant shall set forth the condition stated to have been broken, and the person arrested shall be informed thereof on his arrest.
The warrant may be executed anywhere in Cyprus.
3. The procedure to be followed on the hearing of the information shall, as nearly as possible, be the same as the procedure followed on the summary trial of a criminal charge. (See Form 13.)
13.-(1) Every application under section 19(3) of the Law shall be filed in the local registry of the Court having jurisdiction in the administrative district in which the licensed premises wherein the mental patient affected by the application is confined are situated. (Form 14.)
Every such application shall be accompanied by a certificate under the hand of the Director of Medical and Health Services to the effect that the licence under the terms of which such patient is confined has been revoked.
The application may be made by the Director of Medical and Health Services or by any medical officer authorized by him in writing in that behalf.
(2) A copy of the application and of the above-mentioned certificate, together with notice of the day fixed for the hearing, shall be served on the licensee.
(3) Save where the Court otherwise directs, the licensee shall not have the mental patient present at the hearing.
(4) If the mental patient is present at the hearing, he shall be delivered into the custody of the person appointed by the Court.
If the mental patient is not so present, the applicant shall cause a copy of the Court’s order to be served on the licensee, who shall forthwith deliver such patient into the custody of the person appointed by the Court (Form 15.)
14. The Court or the Supreme Court shall have the same powers in regard to the costs of proceedings under this part of these rules as the Court or the Supreme Court has in criminal proceedhigs upon summary trial or on appeal.
16. Witnesses in proceedings before the Court or on appeal therefrom may be summoned and served in the same manner as in criminal proceedings.
17. Service of documents under this part of these rules shall be effected in the same manner as in criminal proceedings.
Where service in such manner is found imposible, the person who attempted to effect service shall report the facts on oath to the Court from which the document to be served was issued, and such Court may direct service to be effected in such other [*434] manner as it may think fit, or, in the ease of a summons or a notice to a person suspected of being mentally afflicted, it may, where the circumstances of the ease so warrant, order service to be dispensed with.
18. In proceedings before the Court or on appeal therefrom the forms provided in Appendix A hereto shall, where applicable, be used with such variations as circumstances may require.
19. The fees set forth in Appendix A hereto shall be charged in respect of proceedings under this part of these rules.
20. The law and rules governing criminal proceedings upon summary trial and on appeal shall apply to any matter arising out of proceedings before the Court or on appeal for which provision is not herein made.
21. Every document forming part of a proceeding before the Court or on appeal therefrom shall be entitled as follows :-
THE MENTAL PATIENTS LAW, Cap. 120.
In the District Court of…………………………………………
Registry of……………………………… No…………
(or, In the Supreme Court Appeal No…………, as the case may be).
In re A.B. of…………………………………………