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Sentencing

Hospital orders and sentencing evidence

How hospital orders under the Mental Health Act 1983 work at sentence, and the medical evidence the court requires.

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.

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