A patient can be subject to a "notional s37" in the following cases:

• Where he is transferred under s47 but without a restriction direction under s49. See s47(3).

• Where he was transferred under s47/49 but the restriction direction has ceased to have effect, he will be left with the s47 on its own and the notional s37 begins when the restrictions cease.

Essentially, therefore, the term refers to a s47 patient who is notionally treated as if subject to a hospital order under s37

The admission order under the old CPIA 1964 s5 is sometimes also called a notional 37 (but these patients can't apply to the MHRT during the first six months).

See Eligibility periods and Discharge of transferred prisoners.