Section 35 - When the criminal courts send you to hospital for a medical report
This section looks at section 35 of the Mental Health Act. It looks at the professionals you might come across in hospital, when and how courts use this section. It explains what your rights are during this section and what could happen afterwards.
- The Mental Health Act is the law that mental health professionals use to bring you to hospital for assessment and treatment. This is also known as being ‘sectioned’.
- You must need assessment or treatment in hospital. This must be the best thing for your health or safety or to protect other people.
- The criminal courts can send you to hospital using section 35 of the Mental Health Act. They would do this if they want more information about your mental health.
- They can use this section at any point during your court case.
- A medical professional will write a medical report about your mental health and will recommend what the court should do.
- The court can remand you to prison if they do not think you need to be in hospital. You can get a mental health report done in prison.
- You have to agree to treatment if you are on section 35. Hospital staff cannot treat you against your will.
This section covers:
- What professionals might I come across in hospital?
- When will the courts use this section?
- How can the courts use this section?
- How long will I be on this section?
- What are my rights?
- Can the doctor treat me if I don’t want it?
- Will I have to go back to court?
- What might happen after this section?
These pages have been developed in line with Information Standard principles. Last reviewed in October 2015. Next review October 2017.
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