Section 37/41 and prison

Law and practice Mental Health Act
1

Can a person be recalled to prison from a hospital setting under a S37/41
many thanks

2

Hya Heather
I would have thought that there is no provision to send a convicted S37/41 to prison. The order has been made and stands. I would suggest if there is a fresh offence, that could result in a sending to prison but even that would be unlikely.
Steve

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3

Thanks Steve

4

No - definitely not. It’s not a prison sentence at all.

Only where a s45A hybrid order has been used or where someone has been transferred to hospital from prison (s47/49) can someone be removed or returned.

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