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About Section 37

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When do the courts use this section?

A criminal court might send you to hospital instead of prison. They have the power to do this under section 37 of The Mental Health Act

Windows is activated using your organizations activation service. A section 37 Mental Health Act detention is known as a hospital order. It is different to a prison sentence. This means the court send you to hospital instead of prison.

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The courts will issue a hospital order under Section 37 of The Mental Health Act (MHA) if:

you have been convicted of a crime that is punishable with imprisonment
you have a mental disorder
the court thinks you need to be in hospital instead of prison

You need to have a mental illness that needs treatment in hospital.

In some cases, the courts can use this section without convicting you. The court may decide that you are too unwell to understand the pleas of guilty or not guilty. This is known as being unfit to plead. If so, they can use section 37 if they decide you did what you have been charged with.

If the court issues a hospital order they can’t also:

give a sentence of imprisonment
impose a fine
make a community order, a youth rehabilitation order, or a referral order

If the court feels that you are a risk to the public because of the offence they could use section 37/41 of the Mental Health Act. This adds more restrictions onto the hospital order.

How do the courts use this section?

The courts can use section 37 if:

two doctors have assessed you
they think you need to be in hospital for treatment for a mental disorder
the court thinks a hospital order is the most appropriate option

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Someone called an Approved Clinician must find you a hospital bed within 28 days. If they do not find you a bed in 28 days they have to do the assessment again.

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You might have to wait in prison for a bed if there is none available. Some prisons have healthcare units where you might be able to stay.

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The court might decide if you need to be in a secure hospital. There are 3 main types of secure hospital, low, medium or high security.