Explain The Role Of Law Under Section 37 Of The MHA
1. Hospital Order
Under provisions of Section 37 of the MHA, a person convicted of an imprisonable offence could be eligible for a hospital order. This order would give the authority for him to be admitted to a specified hospital, where he would be detained under the conditions as set by the Act, for treatment. Under the 1983 MHA the Courts were bound by the four categories as described by the Act, and they required to be satisfied, based on expert evidence, that the individual was suffering from one of the four mental disorders within these categories. As defined in Part I of the 1983 MHA, these included: mental illness, mental impairment, severe mental impairment and psychopathic disorder. Following the changes to the MHA in 2007, these categories have now been removed and …show more content…
A patient detained under the provisions of such order without restrictions may be discharged from detention by the Responsible Clinician in charge of his care, the hospital managers of the hospital he is detained in, or on the direction of a First Tier Tribunal.
2. Restriction Order
High risk patients who are disposed of through the Courts by a hospital order under Section 37 of the MHA as described above, may also be subject to an additional provision of a restriction order under Section 41 of the MHA. This is imposed in risky individuals, in order to substantially restrict the circumstances under which they can be later on released into the community from detention, whether for periods of leave, or ultimate discharge from hospital into the community.
Under Section 41 of the MHA, the Crown Court can only impose a restriction order where there is evidence to the Court to suggest that such an order is ‘necessary for the protection of the public from serious harm to do so’, when the following have been all considered:
‘a) the nature of the
Under provisions of Section 37 of the MHA, a person convicted of an imprisonable offence could be eligible for a hospital order. This order would give the authority for him to be admitted to a specified hospital, where he would be detained under the conditions as set by the Act, for treatment. Under the 1983 MHA the Courts were bound by the four categories as described by the Act, and they required to be satisfied, based on expert evidence, that the individual was suffering from one of the four mental disorders within these categories. As defined in Part I of the 1983 MHA, these included: mental illness, mental impairment, severe mental impairment and psychopathic disorder. Following the changes to the MHA in 2007, these categories have now been removed and …show more content…
A patient detained under the provisions of such order without restrictions may be discharged from detention by the Responsible Clinician in charge of his care, the hospital managers of the hospital he is detained in, or on the direction of a First Tier Tribunal.
2. Restriction Order
High risk patients who are disposed of through the Courts by a hospital order under Section 37 of the MHA as described above, may also be subject to an additional provision of a restriction order under Section 41 of the MHA. This is imposed in risky individuals, in order to substantially restrict the circumstances under which they can be later on released into the community from detention, whether for periods of leave, or ultimate discharge from hospital into the community.
Under Section 41 of the MHA, the Crown Court can only impose a restriction order where there is evidence to the Court to suggest that such an order is ‘necessary for the protection of the public from serious harm to do so’, when the following have been all considered:
‘a) the nature of the