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Section 37

The Mental Health Act and the Criminal Courts

If you are before a Court for sentence and there are concerns that you have a mental disorder that should be treated in a hospital, you can receive a 'Hospital Order' under section 37 of The Mental Health Act 1983 (the Act) and restrictions on how you can be dealt with can be imposed under section 41 of the Act.  In addition you may also be transferred to a hospital under the Act if you are on remand or a serving prisoner and it is believed that you are suffering from a mental disorder that needs to be treated in a hospital.

All of this can be complicated and frustrating but if you are detained in a hospital under the Act we can advise you, help you make an application to a Tribunal and represent you at the Tribunal hearing.

This allows a Court to order that a person before them is admitted to and detained in a hospital. You can not make an application for a Tribunal for 6 months after such an order is made, although you may be able to appeal the order if the procedures were not followed correctly.

Section 41

Allows a Crown Court to impose special restrictions on an order made under section 37 that mean that the order does not have to be periodically renewed and the Secretary of State for Justice has to be notified if you make a Tribunal application and can make representations about discharge.

Other Relevant Sections

Sections 45A, 47, 48 and 49 of the Act contain provisions for someone on remand or sentenced to be removed to a hospital for treatment

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