Section 37
المؤلف:
MALCOLM McIVER
المصدر:
Caring for People with Learning Disabilities
الجزء والصفحة:
P144-C9
2025-10-26
204
Section 37
Section 37 allows a court to send a person to hospital for treatment when otherwise the outcome might have been a prison sentence. The order is instead of imprisonment, a fi ne or probation. The order is initially for a period of 6 months, beginning on the date of the order. It can, however, be renewed for a further 6 months, and then annually. Prior to imposing the order, the court must be satisfied that:
(1) the person has at least one of the four types of mental disorder, supported with evidence from two doctors, and
(2) the mental disorder is of such a degree or nature that makes it appropriate for the person to be detained in hospital for medical treatment (and, in the case of psychopathic disorder or mental impairment, that the treatment is likely to alleviate or prevent a deterioration of the person’s condition) and
(3) that making a section 37 order is the most suitable way of dealing with the person, bearing in mind all relevant matters and
(4) that a specific hospital is willing and able to admit the person within 28 days.
Furthermore, the detained individual must have:
(1) been convicted by a Crown Court of an offence which could be punished with imprisonment (except in the case of murder) or
(2) been convicted by a Magistrates’ Court of an offence which could be punished with imprisonment or
(3) been convicted, but may be before a Magistrates’ Court charged with an offence which could lead to imprisonment if the person were convicted.
It is notable that in some circumstances, the court can still impose a section 37 order, even without a conviction, if it is satisfied that the person did what she or he is accused of doing and the person has mental illness or severe mental impairment.
PART V: MENTAL HEALTH REVIEW TRIBUNALS
The Mental Health Act 1983 contains no fewer than 149 sections; the above sections are only those that new practitioners and students of mental health legislation need to familiarize themselves with initially. Whilst it is not possible to explore the remaining sections here, readers are advised to acquaint themselves with the entire act, although it should be reiterated that amendments to the act are pending. There is, however, one other section that readers do need to be aware of – section 66.
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