Hi Helen
Are you sure the patient is detained subject to S.37/41 MHA and not under the Criminal Procedure Insanity Act 1964 (as amended). Cases under the CPIA can be referred back to the CPS to consider pursing a conviction, there is a specific form for doing so. I am not aware that patients subject to S.37/41 MHA can be returned back to court for conviction because the S.37/41 MHA decision is a determinative sentence handed down by the court following conviction.
Best check with the MOJ.
From a practical perspective, I have challenged these decisions and I would recommend P gets legal advice on the issue.