# Commencement date of s37 detention following transfer from Scotland

**URL:** <https://forum.mentalhealthlaw.co.uk/t/commencement-date-of-s37-detention-following-transfer-from-scotland/3204>\
**Category:** Mental Health Act\
**Tags:** scotland\
**Created:** [5 February 2025 06:53 UTC](https://forum.mentalhealthlaw.co.uk/t/commencement-date-of-s37-detention-following-transfer-from-scotland/3204 "2025-02-05T06:53:43Z")\
**Posts on this page:** 3\
**Page:** 1

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**Author:** ![Bloodyromans](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/b/7ba0ec/32.png) [@Bloodyromans](https://forum.mentalhealthlaw.co.uk/u/Bloodyromans)\
**Post date:** [5 February 2025 06:53 UTC](https://forum.mentalhealthlaw.co.uk/t/commencement-date-of-s37-detention-following-transfer-from-scotland/3204/1 "2025-02-05T06:53:43Z")

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I have a client who back in April 2024 was made subject to the Scottish Section 37. In November 2024 she was transferred to a hospital in England and is now subject to the English Section 37. She wants to appeal For the purposes of calculating when the order started am I right in saying it is from November 2024 and not April 2024

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**Author:** ![Rob\_Beech](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/r/c4cdca/32.png) [@Rob\_Beech](https://forum.mentalhealthlaw.co.uk/u/Rob_Beech)\
**Post date:** [5 February 2025 08:12 UTC](https://forum.mentalhealthlaw.co.uk/t/commencement-date-of-s37-detention-following-transfer-from-scotland/3204/2 "2025-02-05T08:12:48Z")

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Yes you’re right Mike.

[https://www.mentalhealthlaw.co.uk/New\_cross-border\_arrangements\_for\_leave\_and\_transfer#:~:text=For%20example%2C%20a%20patient%20may,on%20a%20more%20regular%20basis.](https://www.mentalhealthlaw.co.uk/New_cross-border_arrangements_for_leave_and_transfer#:~:text=For%20example%2C%20a%20patient%20may,on%20a%20more%20regular%20basis.)

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**Author:** ![Richard\_Rook](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/r/ecb155/32.png) [@Richard\_Rook](https://forum.mentalhealthlaw.co.uk/u/Richard_Rook)\
**Post date:** [5 February 2025 12:18 UTC](https://forum.mentalhealthlaw.co.uk/t/commencement-date-of-s37-detention-following-transfer-from-scotland/3204/3 "2025-02-05T12:18:14Z")

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Yes. But although the s37 is treated as starting from the date of the transfer, a Tribunal application can be made immediately, there’s no six month wait - s69(2)(a).