A Court has convicted you but not yet decided on your sentence. The reason you have not yet been sentenced is that two doctors advised the court that you have a mental health problem and you may need treatment in hospital.
You have been sent to hospital where the doctors will treat you and then advise the court on whether you should be on a section 37 or go to prison.
A court and two doctors put you on the section.
You can be kept in hospital for the length of time your order says. This may be up to 12 weeks at first. It may then be renewed by the court for up to a maximum of one year.
If your responsible clinician thinks you need to stay in hospital for longer than six months, they can renew for another six months, and then for up to a year at a time.
The doctors will see how you respond to treatment and will advise the court on what should happen next. The court may decide to put you on a section 37 or they may decide to send you to prison.
Yes. Medicine can be given to you with or without your consent. Your responsible clinician and other hospital staff will talk to you about any medicine that you need for your mental health problem. In most cases you will have to accept their advice.
After three months, if you do not want the medicine you are being given, an independent doctor called a SOAD (Second Opinion Appointed Doctor) will talk to you and to staff who know you. They will decide what medicine you can be given and except in an emergency, no other medicine can be given to you without your agreement.
No. You cannot be given leave while you are on a section 38.
You can appeal to the Court against the interim hospital order. If you want to do this you must do it quickly and it is best to have a solicitor to help you. Ask the hospital staff or an advocate for further information.
|Part 2 of the Act||Part 3 of the Act Forensic Sections||Part 3 of the Act Forensic Restricted Sections|
|Section 2 ›||Section 35 ›||Section 37/41 ›|
|Section 3 ›||Section 36 ›||Section 41 ›|
|Section 4 ›||Section 37 ›||Section 47/49 ›|
|Section 5(2) ›||Section 38 ›||Section 48/49 ›|
|Section 5(4) ›||Section 47 ›|
|Section 136 ›||Section 48 ›|