Section 37 hospital order and section 37/41 hospital orders with restrictions explained
If you have been convicted of a criminal offence that carries a prison sentence (except murder or certain other offences where a sentence is fixed by law), you could be held in a hospital under section 37 of the Mental Act for up to six months or more, rather than being sent to prison.
In cases where a hospital order is imposed by the Crown Court, and the Judge decides it is necessary to protect the public from serious harm, then a restriction order can be made. This requires authorisation from the Secretary of State for Justice for you to move hospitals, have access to community leave or be discharged.
For advice on what this means for your future, get in touch with our Mental Health Law team now.
Benefit from a free, initial telephone conversation
If you or a loved one are being held in hospital under a section 37 hospital order or a section 37/41 hospital order with restrictions, benefit from a free initial discussion with our Mental Health Law Team.
There’s no substitute for speaking to a specialist solicitor for help understanding your rights and the best course of action to take for your case.
We’re here to ensure that you’re not alone. For immediate action, call us or email us for your free* initial discussion.
The discussion is completely informal and confidential, and is an opportunity for us to:
- Get to know you
- Understand your situation
- Agree how you want to proceed
*Please be aware that this is a ‘get to know you’ call and no advice will be given.
Coronavirus and the Care Quality Commission
The Care Quality Commission (CQC) has made changes to the Mental Health Act complaint process in response to the coronavirus (COVID-19) pandemic.
The CQC is prioritising complaints from or about people who are currently detained on an inpatient ward in hospital and aims to ‘identify ways to help support people through Mental Health Act monitoring, resulting in a quicker resolution to a complaint or concern’.
All other complaints will be reviewed, but may be paused due to coronavirus. You can email firstname.lastname@example.org or call 03000 616161 to make a complaint.