Hi
On the 14/04/2025 we received a s37 hospital order dated 31/03/2025 - recommending restrictions under s41. We chased the MOJ for the warrant - the MOJ said they hadn’t received the paperwork from the court - we sent them the court order we received - and have since April been chasing up the MOJ but without any success.
Do we treat the patient as though they are on s37 or s37/41 despite not receiving the paperwork from the MOJ.
Please advise.
It is the order of the court that gives authority to convey to and detain in hospital (see s.40(1)), so yes, the person has been detained subject to ss.37 & 41 effective from 31/03/25.
Did the court state that it ‘recommends’ restrictions under s.41? The court can only ‘order’ a restriction order, because nobody else can make it.
Hi
It says ‘the court further ordered that the defendant should be subject to the special restrictions of section 41 of the Mental Health Act 1983’.
Apologies I think it was the layout of old court orders compared to the current very basic ones that has thrown me off as though something additional is missing - when it wasn’t.
Thank you.