# Concurrent 37/41

**URL:** <https://forum.mentalhealthlaw.co.uk/t/concurrent-37-41/1987>\
**Category:** Mental Health Act\
**Tags:** concurrent-sections\
**Created:** [1 November 2023 16:25 UTC](https://forum.mentalhealthlaw.co.uk/t/concurrent-37-41/1987 "2023-11-01T16:25:27Z")\
**Posts on this page:** 6\
**Page:** 1

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**Author:** ![Saralou50](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/s/ee7513/32.png) [@Saralou50](https://forum.mentalhealthlaw.co.uk/u/Saralou50)\
**Post date:** [1 November 2023 16:25 UTC](https://forum.mentalhealthlaw.co.uk/t/concurrent-37-41/1987/1 "2023-11-01T16:25:27Z")

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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?

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**Author:** ![drphilbarron](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/d/22d042/32.png) [@drphilbarron](https://forum.mentalhealthlaw.co.uk/u/drphilbarron)\
**Post date:** [2 November 2023 07:19 UTC](https://forum.mentalhealthlaw.co.uk/t/concurrent-37-41/1987/2 "2023-11-02T07:19:53Z")

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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.

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**Author:** ![drphilbarron](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/d/22d042/32.png) [@drphilbarron](https://forum.mentalhealthlaw.co.uk/u/drphilbarron)\
**Post date:** [2 November 2023 07:22 UTC](https://forum.mentalhealthlaw.co.uk/t/concurrent-37-41/1987/3 "2023-11-02T07:22:06Z")

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Oh and technically it’s not ss37 and 41 for unfitness, it’s s5 CPIA.

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**Author:** ![GuyDavis](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/g/eb9ed0/32.png) [@GuyDavis](https://forum.mentalhealthlaw.co.uk/u/GuyDavis)\
**Post date:** [2 November 2023 18:27 UTC](https://forum.mentalhealthlaw.co.uk/t/concurrent-37-41/1987/4 "2023-11-02T18:27:59Z")

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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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**Author:** ![drphilbarron](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/d/22d042/32.png) [@drphilbarron](https://forum.mentalhealthlaw.co.uk/u/drphilbarron)\
**Post date:** [2 November 2023 21:25 UTC](https://forum.mentalhealthlaw.co.uk/t/concurrent-37-41/1987/5 "2023-11-02T21:25:01Z")

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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.

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**Author:** ![Jonathan](https://forum.mentalhealthlaw.co.uk/user_avatar/forum.mentalhealthlaw.co.uk/jonathan/32/88_2.png) [@Jonathan](https://forum.mentalhealthlaw.co.uk/u/Jonathan)\
**Post date:** [11 November 2023 22:15 UTC](https://forum.mentalhealthlaw.co.uk/t/concurrent-37-41/1987/6 "2023-11-11T22:15:46Z")

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There are a few similar topics now (though none exactly the same), so I’ve created the #concurrent-sections tag for them.