# CTO patient on remand **URL:** \ **Category:** Mental Health Act\ **Tags:** cto, awol\ **Created:** [6 September 2024 12:28 UTC](https://forum.mentalhealthlaw.co.uk/t/cto-patient-on-remand/2686 "2024-09-06T12:28:31Z")\ **Posts on this page:** 5\ **Page:** 1
**Author:** ![anonymous34](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/a/ebca7d/32.png) [@anonymous34](https://forum.mentalhealthlaw.co.uk/u/anonymous34)\ **Post date:** [6 September 2024 12:28 UTC](https://forum.mentalhealthlaw.co.uk/t/cto-patient-on-remand/2686/1 "2024-09-06T12:28:31Z")
Hi Brain is a bit fried today - and nothing I’m reading seems to make sense. Patient on a 6 month CTO due to expire on the 2nd October 2024. Patient is currently in remand in prison awaiting sentencing. I understand if the patient remains in prison more than 6 months from the date of the CTO expiry the CTO can no longer be considered for renewal. If the patient is released from prison before that period they are classed as AWOL from the date of their release and then does the MH Trust have 1 week to arrange for the patients return to hospital from the date of their release or 28 days? I understand the renewal form must be completed within 7 days of the patient being returned to hospital following the patients examination. Please help. ---
**Author:** ![NealWhittle](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/n/34f0e0/32.png) [@NealWhittle](https://forum.mentalhealthlaw.co.uk/u/NealWhittle)\ **Post date:** [6 September 2024 14:45 UTC](https://forum.mentalhealthlaw.co.uk/t/cto-patient-on-remand/2686/2 "2024-09-06T14:45:03Z")
Hi Brian, "Patients who are imprisoned etc [section 22, read with sections 18, 21 and 21A] ", so you could look at [s18](https://www.mentalhealthlaw.co.uk/MHA_1983_s18), [s21](https://www.mentalhealthlaw.co.uk/MHA_1983_s21) and [s21A](https://www.mentalhealthlaw.co.uk/MHA_1983_s21A) as well as s22. ---
**Author:** ![Fats](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/f/59ef9b/32.png) [@Fats](https://forum.mentalhealthlaw.co.uk/u/Fats)\ **Post date:** [6 September 2024 14:46 UTC](https://forum.mentalhealthlaw.co.uk/t/cto-patient-on-remand/2686/3 "2024-09-06T14:46:10Z")
1. CTO Expiry and Renewal: 2. Release from Prison and AWOL Status: 3. Timeframe for Return to Hospital: 4. Renewal Examination: Summary of Key Points: - If the patient remains in prison for more than 6 months after the CTO expires, the CTO cannot be renewed. - If the patient is released from prison before that 6-month period, they would be considered AWOL if they do not return to their hospital or community treatment setting. - The Mental Health Trust has 28 days to arrange the patient’s return to the hospital after they are deemed AWOL. - Once returned, the Responsible Clinician has 7 days to complete an examination and file the renewal paperwork if the CTO is to be renewed. I hope this provides the clarification you need. Fatima Boujettif Shield Solicitors ---
**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:** [6 September 2024 15:41 UTC](https://forum.mentalhealthlaw.co.uk/t/cto-patient-on-remand/2686/4 "2024-09-06T15:41:52Z")
The 6 month period is not calculated from the expiry of the CTO. The CTO will expire 6 months from the date of imprisonment (if indeed imprisonment lasts that long). So in the case you describe, 6 months from the date that remand started. ---
**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:** [7 September 2024 09:21 UTC](https://forum.mentalhealthlaw.co.uk/t/cto-patient-on-remand/2686/5 "2024-09-07T09:21:49Z")
The long reply above has two features that make me think it was created using ChatGPT or a similar service. The first is that ChatGPT is quite suggestible – here, it has taken the “I understand” sentence as the factual basis for its answer. The second is that it creates imaginary sources – here, the non-existent s18A MHA 1983.