I.-When the judge decides to hold a hearing in application of the provisions of the penultimate paragraph of III of Article L. 3211-12-2, the patient who is the subject of a seclusion or restraint measure shall be assisted or represented by a lawyer. He shall be represented by a lawyer if the magistrate decides, in the light of the medical opinion provided for in the second paragraph of I of Article L. 3211-12-2, not to hear him. The other parties are not required to be represented by a lawyer. The judge shall set the date, time and place of the hearing.
II. – The court clerk will immediately summon, by any means, in their capacity as parties to the proceedings :
1° The applicant and his lawyer, if applicable;
2° The patient concerned by the seclusion or restraint measure via the head of the establishment and, if applicable, the person responsible for a legal protection measure relating to the person or, if he is a minor, his legal representatives;
3° The lawyer for the patient concerned by the seclusion or restraint measure as soon as he has been appointed.
In all cases, the public prosecutor and the director of the establishment are also notified, who informs the doctor who took the seclusion or restraint measure.
The summons or notice of the hearing indicates to the parties that the documents sent by the establishment pursuant to III of article R. 3211-34 or the second paragraph of article R. 3211-35 may be consulted at the court registry. The patient, if he is not the author of the request, is informed that he may consult them within the establishment, under the conditions provided for in the last paragraph of II of article R. 3211-34. The clerk’s office shall provide a copy of these documents to any lawyer who so requests.
The patient concerned by the seclusion or restraint measure shall also be informed that he/she will be assisted by a lawyer chosen, appointed under the legal aid scheme or appointed by the judge, where applicable, or that he/she will be represented by a lawyer if the judge decides not to proceed with his/her hearing in the light of the medical opinion provided for in the second paragraph of I of article L. 3211-12-2.
III. – At the hearing, the judge shall hear the patient’s defence.At the hearing, the judge shall hear the applicant and the persons summoned in application of II or their representative, as well as the public prosecutor when he is the principal party.
If necessary, the judge shall appoint a lawyer for the person undergoing psychiatric care.
The persons summoned or notified may submit their observations in writing, in which case the parties present at the hearing will be informed.
The judge may always order the parties to appear.
The last five paragraphs of article R. 3211-38 apply.
IV.The order is issued under the conditions set out in article R. 3211-39 when the judge is ruling on an application to maintain or lift the seclusion or restraint measure.
V.-The parties present at the hearing and the lawyer for the patient concerned by the seclusion or restraint measure are notified of the order on the spot and acknowledge receipt thereof. The judge orally informs them of the time limit for appeal and the procedures for exercising this right of appeal. The parties who did not appear in person are notified by the court registry without delay by any means that can be used to establish receipt.
When the decision has been taken under advisement, the notifications provided for in the previous paragraph are made by the court registry, without delay and by any means, to the parties present at the hearing and to the lawyer of the patient subject to the seclusion or restraint measure.
The director of the institution is notified of the decision by the registry by any means.