F.X. v The Clinical Director of Central Mental Hospital and Another [2014] IESC 1; [2014] 1 IR 280 is a reported Irish Supreme Court case in which the court "clarified two important points about the habeas corpus jurisdiction":
that the High Court's jurisdiction does lie in respect of detention orders made by courts of coordinate jurisdiction; and although the Constitution does not allow for stays to be placed on orders of habeas corpus, "orders can be made for controlling the release of persons who are incapable of protecting themselves."
Background (and Judgement of the lower courts)
Facts of the case
In this case, F.X. (the respondent in the appeal) is alleged to have brutally assaulted another patient at Tallaght Hospital on 11 May 2010. Three days later the respondent was arrested and brought before Tallaght District Court. The respondent was initially remanded in Cloverhill Prison, however the presiding doctor, Dr. Moola, deemed him to be mentally unwell, and instead requested he be transferred to the Central Mental Hospital (CMH) in accordance with Section 15 of the Criminal Law (Insanity) Act of 2006 (the 2006 Act). The victim died from his injuries on 11 January 2011, and the state subsequently charged the respondent with murder. In November 2011, the Mental Health (Criminal) Review Board reviewed FX’s detention in the CMH and decided that he was "appropriately detained there."
Carney J of the Central Criminal Court held that F.X. was unfit to be tried of murder in accordance with Article 4 of the 2006 Act, and requested that he remain under the care of the Central Medical Hospital.
Application to the High Court
F.X. made an application to the High Court under Article 40.4.2 of the Irish Constitution, stating that his detention was unconstitutional. Article 40.4.2 of the Irish Constitution provides that:"Upon complaint being made by or on behalf of any person to the High Court or any judge thereof alleging that such person is being unlawfully detained, the High Court and any and every judge thereof to whom such complaint is made shall forthwith enquire into the said complaint and may order the person in whose custody such person is detained to produce the body of such person before the High Court on a named day and to certify in writing the grounds of his detention, and the High Court shall, upon the body of such person being produced before that Court and after giving the person in whose custody he is detained an opportunity of justifying the detention, order the release of such person from such detention unless satisfied that he is being detained in accordance with the law."F.X. made the argument that under section 4 of the 2006 Act, that he should have been subject to a two-part process:
first he should have had an initial hearing under the Central Criminal Court, then after 14 days of detention to facilitate a medical examination, a second decision should be made before the court for further detention.
On 3 and 8 July 2012, Hogan J concluded that F.X.'s detention was deemed not to be in accordance with law. As a result, F.X. was released under a stay of execution whilst it was determined by the State whether his detention was constitutional.
Following the High Court decision, the Director of Public Prosecutions (DPP) brought the case before Carney J in the Central Criminal Court on 9 July 2012. The Central Criminal Court referred the case back to Hogan J in the High Court. Hogan J "indicated that, as he was not a nominated member of the Central Criminal Court, he was unable to make an order pursuant to the Act of 2006 in the proceedings brought by the DPP against the respondent".
The case was then moved to be heard in the High Court by Sheehan J.
Sheehan J "heard an application by the DPP seeking a committal of the respondent to the Central Mental Hospital pursuant to s. 4(6)(a) of the Act of 2006, so as to comply with the statutory process as determined by Hogan J. in his judgment" – on 10 July 2012 the High Court ordered F.X.’s committal to the CMH pursuant to s. 4(6)(a) of the 2006 Act until 16 July 2012.
On 16 July 2012 the case then returned once again to Carney J in the Central Criminal Court. Carney J ordered the committal of F.X. to the CMH "pending further order of the Review Board under section 13 [of the 2006 Act]"
The Clinical Director of the CMH appealed to the Supreme Court. The respondent cross-appealed.