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

**URL:** <https://forum.mentalhealthlaw.co.uk/t/section-37-further-offence-and-patient-now-in-prison-on-remand/1786>\
**Category:** Mental Health Act\
**Created:** [11 August 2023 10:59 UTC](https://forum.mentalhealthlaw.co.uk/t/section-37-further-offence-and-patient-now-in-prison-on-remand/1786 "2023-08-11T10:59:27Z")\
**Posts on this page:** 5\
**Page:** 1

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**Author:** ![Saralou50](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/s/ee7513/32.png) [@Saralou50](https://forum.mentalhealthlaw.co.uk/u/Saralou50)\
**Post date:** [11 August 2023 10:59 UTC](https://forum.mentalhealthlaw.co.uk/t/section-37-further-offence-and-patient-now-in-prison-on-remand/1786/1 "2023-08-11T10:59:27Z")

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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?

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**Author:** ![JuliaM](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/j/73ab20/32.png) [@JuliaM](https://forum.mentalhealthlaw.co.uk/u/JuliaM)\
**Post date:** [11 August 2023 11:19 UTC](https://forum.mentalhealthlaw.co.uk/t/section-37-further-offence-and-patient-now-in-prison-on-remand/1786/2 "2023-08-11T11:19:36Z")

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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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**Author:** ![GuyDavis](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/g/eb9ed0/32.png) [@GuyDavis](https://forum.mentalhealthlaw.co.uk/u/GuyDavis)\
**Post date:** [11 August 2023 12:12 UTC](https://forum.mentalhealthlaw.co.uk/t/section-37-further-offence-and-patient-now-in-prison-on-remand/1786/3 "2023-08-11T12:12:29Z")

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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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**Author:** ![Saralou50](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/s/ee7513/32.png) [@Saralou50](https://forum.mentalhealthlaw.co.uk/u/Saralou50)\
**Post date:** [11 August 2023 12:21 UTC](https://forum.mentalhealthlaw.co.uk/t/section-37-further-offence-and-patient-now-in-prison-on-remand/1786/4 "2023-08-11T12:21:22Z")

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Thanks both.

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**Author:** ![Rob\_Beech](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/r/c4cdca/32.png) [@Rob\_Beech](https://forum.mentalhealthlaw.co.uk/u/Rob_Beech)\
**Post date:** [18 August 2023 11:41 UTC](https://forum.mentalhealthlaw.co.uk/t/section-37-further-offence-and-patient-now-in-prison-on-remand/1786/5 "2023-08-18T11:41:06Z")

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

I’d be interested in how a Tribunal would look at an issue like this.