Section 37 hospital order
The court can order admission to hospital instead of a punitive sentence where the defendant has a mental disorder making detention for treatment appropriate. Evidence from two registered medical practitioners is required, one approved under section 12.
Section 41 restriction order
The Crown Court can add a restriction order where it is necessary to protect the public from serious harm. Release then requires the approval of the Secretary of State or a tribunal.
Section 45A hybrid order
A hybrid order combines a prison sentence with immediate admission to hospital. The defendant can be transferred to prison to serve the remainder once treatment ends.
The expert evidence
The report should address diagnosis, the link to the offending, treatment availability, the availability of a bed and risk. Read about our sentencing reports.
General information for solicitors. Not legal advice.