Section 43: committal by magistrates for restriction order
The magistrates’ court cannot impose a restriction order. If it believes this to be necessary they can commit the person in custody (i.e. not hospital) to the Crown Court for this to be considered. By s43(1):
If in the case of a person of or over the age of 14 years who is convicted by a magistrates’ court of an offence punishable on summary conviction with imprisonment—
- (a) the conditions which under section 37(1) above are required to be satisfied for the making of a hospital order are satisfied in respect of the offender; but
- (b) it appears to the court, having regard to the nature of the offence, the antecedents of the offender and the risk of his committing further offences if set at large, that if a hospital order is made a restriction order should also be made,
the court may, instead of making a hospital order or dealing with him in any other manner, commit him in custody to the Crown Court to be dealt with in respect of the offence.
The Crown Court may then make a hospital order, without or without a restriction order, or deal with the case in any other way which the magistrates could have (s43(2)).
The patient is not subject to the Part 4 ‘Consent to Treatment’ provisions (he is not in hospital).