Section 37 41 - Hospital order given by crown court
This section looks at section 37/41 of the Mental Health Act. It looks at the professionals you might come across in hospital, when and how the 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 which mental health professionals use section 37/41 to bring you to hospital for treatment. This is also known as being ‘sectioned’.
- You must need treatment in hospital. This must be the best thing for your health or safety or to protect other people.
- The criminal courts can use section 37 if they think you should be in hospital instead of prison. Section 41 is a restriction order. The Crown Court can add this order to a section 37 if they feel you are a risk to the public.
- You can appeal to the courts if you do not agree with this sentence. You need to appeal in a certain time period so you should get legal advice from a solicitor.
- You can appeal to the Hospital Managers and the Mental Health Review Tribunal (MHRT). However, the Secretary of State for Justice (the Ministry of Justice) decides when you can leave.
- The hospital can treat you without your permission for up to 3 months.
- When you are discharged, you can get free aftercare services under section 117 of the Mental Health Act.
This section covers:
- What professionals might I come across in hospital?
- When do the courts use this section?
- How do the courts use this section?
- How long will I be on this section?
- What are my rights?
- Can the doctor treat if I don’t want it?
- How can I be discharged and what might happen?
This information has been written in accordance with the Rethink Mental Illness Advice & Information Service Information Standard. Last reviewed in August 2015. Next review August 2017.
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