Section 37: hospital order: Difference between revisions
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Latest revision as of 09:27, 23 January 2025
Either the Crown Court or magistrates’ court can impose a hospital order under s37. It is usually given after conviction. The effect is largely the same as an admission under s3.
Here we are considering unrestricted s37 patients. Restricted s37 patients (s37/41) are considered separately.
The patient is subject to the Part 4 ‘Consent to Treatment’ provisions.
Admission criteria
The admission criteria are in s37(2):
(a) the court is satisfied, on the written or oral evidence of two registered medical practitioners, that the offender is suffering from mental disorder and that either—
- (i) the mental disorder from which the offender is suffering is of a nature or degree which makes it appropriate for him to be detained in a hospital for medical treatment and appropriate medical treatment is available for him; …
(b) the court is of the opinion, having regard to all the circumstances including the nature of the offence and the character and antecedents of the offender, and to the other available methods of dealing with him, that the most suitable method of disposing of the case is by means of an order under this section.
In certain (rare) circumstances the magistrates court has the power to impose a hospital order without convicting (s37(3)).
The judge may decide not to impose a hospital order in the face of medical evidence recommending it.
The court will follow Sentencing Council, 'Sentencing offenders with mental disorders, developmental disorders, or neurological impairments' (1/10/20) and any other relevant sentencing guidelines.
Discharge
Routes to discharge |
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Tribunal eligibility |
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Types of discharge | Same as for s3:
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References |
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The discharge by the Tribunal of s37 unrestricted patients (and equivalent ‘notional’ s37 patients) is governed by s72(1)(b) – these patients are therefore treated by the Tribunal the same as s3 patients.
INFORMATION
- Representation
- Civil sections and CTOs
- Section 37: hospital order
- Section 37/41: hospital order with restrictions
- Conditional discharge resources
- Sections 47, 48 and 49: transferred prisoners
- Prison sentences
- Notional s37
- Section 45A: hospital direction
- Section 38: interim hospital order
- Section 135: Warrant to search for and remove patients
- Section 136: Mentally disordered persons found in public places
- Section 35: Remand to hospital for report on accused’s mental condition
- Section 36: Remand of accused person to hospital for treatment
- Section 37: guardianship order
- Section 43: committal by magistrates for restriction order
- Section 44: committal to hospital under s43
- Section 51(5): hospital order without conviction
- Detention under insanity legislation
- Admission order
- Aftercare
- Mental Health Tribunal
- Mandatory and discretionary references
- Nearest relative
- Legal Aid
- International law
What links here:
- MHA 1983 s37
- Sentencing Council, 'Sentencing offenders with mental disorders, developmental disorders, or neurological impairments' (1/10/20)