I have seen two documents that say if someone does not agree with the court in regards to their S37/41 they can appeal to the court, one document states within 21 days and another states within 28 days. Does anyone know what the correct timescale is.
What were the two documents?
I’ve never done it in practice, but I believe that (unless an extension of time is allowed) it’s 28 days. Section 18 Criminal Appeal Act 1968 says:
Initiating procedure.
(1) A person who wishes to appeal under this Part of this Act to the Court of Appeal, or to obtain the leave of that court to appeal, shall give notice of appeal or, as the case may be, notice of application for leave to appeal, in such manner as may be directed by rules of court.
(2) Notice of appeal, or of application for leave to appeal, shall be given within twenty-eight days from the date of the conviction, verdict or finding appealed against, or in the case of appeal against sentence, from the date on which sentence was passed or, in the case of an order made or treated as made on conviction, from the date of the making of the order.
(3) The time for giving notice under this section may be extended, either before or after it expires, by the Court of Appeal.
And rule 39.2 Criminal Procedure Rules 2020 says:
Service of appeal notice
(1) The appellant must serve an appeal notice on the Registrar—
(a) not more than 28 days after—
(i) the conviction, verdict, or finding,
(ii) the sentence,
(iii) the order (subject to paragraph (b)), or the failure to make an order, or
(iv) the minimum term review decision under section 274(3) of, or paragraph 14 of Schedule 22 to, the Criminal Justice Act 2003
about which the appellant wants to appeal; …
Thank you Jonathan, the document that states 21 days is the leaflet 14 for the S37/41 which is on the NHS Wales National Collaborative commissioning unit site.
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After my post above I checked with a criminal solicitor. It’s 28 days to the Court of Appeal, but 21 days for an appeal from the Magistrates to the Crown Court – so that’s where the 21 days must have originated from.
I think this is the leaflet (https://nccu.nhs.wales/mhs/mha/patient-leaflets/patient-information-leaflet-14-section-37-41-admission-to-hospital-by-a-crown-court-order-pdf/). They’ve used the same text in their unrestricted hospital order leaflet (https://nccu.nhs.wales/mhs/mha/patient-leaflets/patient-information-leaflet-12-section-37-hospital-by-court-order-pdf/) and not got it quite right in either.
Thank you really helpful.
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