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Online forum | Latest topic on forum: Powers of Tribunal to discharge to lower security

Section 36: Remand of accused person to hospital for treatment

This is available to the Crown Court where (s36(1)):

(a) he is suffering from mental disorder of a nature or degree which makes it appropriate for him to be detained in a hospital for medical treatment; and

(b) appropriate medical treatment is available for him

By s36(6): ‘An accused person shall not be remanded or further remanded under this section for more than 28 days at a time or for more than 12 weeks in all; and the court may at any time terminate the remand if it appears to the court that it is appropriate to do so.’

The only route to discharge is via the court process.

The patient is subject to the Part 4 ‘Consent to Treatment’ provisions.


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