Section 37/41 via CPIA -- effect of remittal

Law and practice Mental Health Act
1

Good morning,

Could anybody kindly point me in the right direction please?

S37/41 CPI - then remitted back to Court - patient then put on S3.

Does the 37/41 cease upon this? Or are they existing concurrently? If so, I assume MoJ need to approve leave etc?

Thanks ever so much

2

The remittal to court automatically ends the s37/41.

Criminal Procedure (Insanity) Act 1964, section 5A(4):

(4) Where—

(a) a person is detained in pursuance of a hospital order which the court had power to make by virtue of section 5(1)(b) above, and

(b) the court also made a restriction order, and that order has not ceased to have effect,

the Secretary of State, if satisfied after consultation with the responsible clinician that the person can properly be tried, may remit the person for trial, either to the court of trial or to a prison.

On the person’s arrival at the court or prison, the hospital order and the restriction order shall cease to have effect.

3

Thank you so much!!

4

Excuse my ignorance - what does CPI mean?

5

CPI = Criminal Procedure (Insanity) Act 1964.

That Act allows people found not guilty by reason of insanity, or who are found unfit to plead, to be given s37 hospital orders (with or without s41 restrictions).

The effect of those orders is basically the same as other hospital orders, but in restricted cases there is a procedure for remitting cases back to court if a defendant found unfit to plead subsequently regains fitness.

6

Thanks - so they would be remitted back to court for the same offence (when they are better) - or for a new offence?

7

Same offence. Because they’re now in a position to have a trial in which they can either plead guilty or defend themselves.

When found unfit to plead originally, there would have been a trial of whether they had done the act/omission they were charged with. If they’re found to have done so, the court’s options include a restricted hospital order (subject to the normal criteria), but there’s no finding of criminal guilt. So, legally, they’ve neither been convicted nor acquitted. The idea of remittal back to court is to allow the process to play out to its conclusion.

8

Thanks for confirming.