# Section 37/41 and prison

**URL:** <https://forum.mentalhealthlaw.co.uk/t/section-37-41-and-prison/2205>\
**Category:** Mental Health Act\
**Created:** [31 January 2024 11:47 UTC](https://forum.mentalhealthlaw.co.uk/t/section-37-41-and-prison/2205 "2024-01-31T11:47:51Z")\
**Posts on this page:** 4\
**Page:** 1

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**Author:** ![hewitth](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/h/db5fbb/32.png) [@hewitth](https://forum.mentalhealthlaw.co.uk/u/hewitth)\
**Post date:** [31 January 2024 11:47 UTC](https://forum.mentalhealthlaw.co.uk/t/section-37-41-and-prison/2205/1 "2024-01-31T11:47:51Z")

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

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**Author:** ![Steviek](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/s/f04885/32.png) [@Steviek](https://forum.mentalhealthlaw.co.uk/u/Steviek)\
**Post date:** [31 January 2024 12:18 UTC](https://forum.mentalhealthlaw.co.uk/t/section-37-41-and-prison/2205/2 "2024-01-31T12:18:19Z")

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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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**Author:** ![hewitth](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/h/db5fbb/32.png) [@hewitth](https://forum.mentalhealthlaw.co.uk/u/hewitth)\
**Post date:** [31 January 2024 13:25 UTC](https://forum.mentalhealthlaw.co.uk/t/section-37-41-and-prison/2205/3 "2024-01-31T13:25:02Z")

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Thanks Steve

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**Author:** ![MentalHealthCop](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/m/6a8cbe/32.png) [@MentalHealthCop](https://forum.mentalhealthlaw.co.uk/u/MentalHealthCop)\
**Post date:** [31 January 2024 16:14 UTC](https://forum.mentalhealthlaw.co.uk/t/section-37-41-and-prison/2205/4 "2024-01-31T16:14:45Z")

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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.