Section 37 - further offence and patient now in prison on remand

Law and practice Mental Health Act
1

We have a patient who is currently on a S37 who has committed a further offence and is now on remand in prison. The risks are too high to return to the unit.
Does the S37 remain or will the remand in prison end it?

2

I believe it will remain in place but the RC could lift it? Might be an idea to wait until the criminal justice pathway becomes clearer.

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3

Section 22 applies to section 37, so it will remain in place unless the patient is not released from prison within 6 months.

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4

Thanks both.

5

RC should review the patient really and determine whether liability to detention is required given location in prison and access to healthcare.

Iā€™d be interested in how a Tribunal would look at an issue like this.

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