Hospital Orders

A section 37 orders your detention in a hospital if you have committed a criminal offence (other than murder or certain other offences), and the Magistrates Court or Crown Court rules that imprisonment is not a suitable option because of a potential mental health disorder.

A section 41 restriction means that you cannot be transferred to a different hospital, access the community or be discharged without the agreement of the Secretary of State for Justice.

A section 37 hospital order without a restriction can initially last for up to six months. After the first six months have elapsed, it can be renewed for a further six months. Following the second six-month period, a section 37 hospital order can be renewed at yearly intervals.

If you have a section 37 hospital order with a restriction, then this does not require renewal.

A section 37 hospital order, without a restriction, will only end if:

• Your responsible clinician discharges you
• Hospital managers discharge you following a review of your case. They will review reports prepared by doctors, social workers, nurses and anyone else involved in your care while in hospital. They will also speak to you directly to determine what your wishes are
• A Tribunal discharges you – either immediately or on a set date. A Tribunal involves a more in-depth review of your case, which is carried out by a three-person, independent panel that includes a lawyer, a psychiatrist and a public representative. You can only apply to a Tribunal if you have already been detained for six months and then after each annual renewal
• Your hospital order is not renewed after six months and it expires – after which you are free to leave the hospital

A section 37/41 hospital order with restrictions, will only end if:

• Your responsible clinician asks the Secretary of State for Justice to discharge you and they agree
• A Mental Health Tribunal discharges you either conditionally or absolutely – with the authorisation of the Secretary of State for Justice. Under a section 37/41 hospital order, this is the most common route to discharge

While you may be discharged, conditions may apply. This is known as ‘conditionally discharged’. Only when you have been ‘absolutely discharged’ will you be free from the power of recall to hospital.

Under a section 37 hospital order, yes you could be granted permission to leave the hospital under section 17 leave – but only with the permission of your responsible clinician. 

This will allow you to leave a hospital, and its grounds, for a set period of time. Section 17 leave can only be granted by your responsible clinician.

You are prohibited from leaving hospital grounds without section 17 – even for a short time. Leave being granted may come with certain conditions, such as accompaniment by a nurse. If you do not adhere to the time restrictions, you can be escorted back to the hospital, by the police if necessary.

Under a section 37/41 hospital order with restrictions, you are prohibited from leaving a hospital, and its grounds, without the consent of the Secretary of State for Justice – even for a short time.

Any leave that is granted will be time restricted and subject to certain conditions such as accompaniment by a nurse. If you do not adhere to the restrictions, you can be escorted back to the hospital, by the police if necessary.

Yes, under the Mental Health Act, if you don’t agree to take any prescribed medication it can be administered against your  wishes for the first three months from when medication was given. 

Thereafter, if you still refuse to consent to medication being administered, the opinion of a second doctor must be sought before medication or treatment can be given to you – except in certain situations.