# Time travel when the Court of Appeal impose a hospital order (when does it begin?)

**URL:** <https://forum.mentalhealthlaw.co.uk/t/time-travel-when-the-court-of-appeal-impose-a-hospital-order-when-does-it-begin/4230>\
**Category:** Mental Health Tribunal\
**Created:** [9 September 2025 10:08 UTC](https://forum.mentalhealthlaw.co.uk/t/time-travel-when-the-court-of-appeal-impose-a-hospital-order-when-does-it-begin/4230 "2025-09-09T10:08:41Z")\
**Posts on this page:** 1\
**Page:** 1

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**Author:** ![Jonathan](https://forum.mentalhealthlaw.co.uk/user_avatar/forum.mentalhealthlaw.co.uk/jonathan/32/88_2.png) [@Jonathan](https://forum.mentalhealthlaw.co.uk/u/Jonathan)\
**Post date:** [9 September 2025 10:08 UTC](https://forum.mentalhealthlaw.co.uk/t/time-travel-when-the-court-of-appeal-impose-a-hospital-order-when-does-it-begin/4230/1 "2025-09-09T10:08:41Z")

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Continuing the discussion from [Lawfulness of earlier first statutory referrals by the MOJ](https://forum.mentalhealthlaw.co.uk/t/lawfulness-of-earlier-first-statutory-referrals-by-the-moj/4181/4):

> [@Lawfulness of earlier first statutory referrals by the MOJ](https://forum.mentalhealthlaw.co.uk/t/lawfulness-of-earlier-first-statutory-referrals-by-the-moj/4181/4):
>
> I think a large part of the decision in CS (although I may be misremembering) was because the custodial sentence was replaced by a hospital order, so it took effect as if the hospital order was originally imposed when the custodial sentence was. I recall a point being that the patient would be disadvantaged if they were unable to pursue their application because they were successful in their appeal to the CrCoA.

When does a hospital order imposed by the Court of Appeal take effect? Can you start applying to the tribunal six months after the Court of Appeal decision (as if it were a brand new hospital order), or is the hospital order backdated to the date of the original sentence?

In [CS v Elysium Healthcare [2021] UKUT 186 (AAC)](https://www.mentalhealthlaw.co.uk/CS_v_Elysium_Healthcare_(2021)_UKUT_186_(AAC)) the patient argued that the new hospital order had been backdated, but the Upper Tribunal didn’t deal with this (apart from saying that some other arguments “have force”). I remember long discussions about this point about 15 years ago, as it was potentially going to be relevant to a client, and getting conflicting answers from criminal appeal barristers and solicitors. Has it been resolved in the meantime?