We have a patient subject to two S37/41. The first one was unfit to please - the second one convicted. They are due in court tomorrow for the first unfit to please case.
What happens with the second 37/41 - does this remain? Or does the RC need to prepare papers for part 2 just in case?
Unusual, but if the patient received one through conviction then this would not be impacted by a retrial of the fit to plead case. I assume the patient is now considered to have become fit.
Oh and technically it’s not ss37 and 41 for unfitness, it’s s5 CPIA.
S.5 of the CPIA sets out the powers of the court. which includes making a hospital order under s.37 of the MHA together with a restriction order under s.41, so that is in fact the authority to detain.
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The difference of course is that the patient can return to court if they regain capacity, so that the trial can resume/take place.
There are a few similar topics now (though none exactly the same), so I’ve created the concurrent-sections tag for them.