# \#crime

**URL:** https://forum.mentalhealthlaw.co.uk/tag/crime/35.md

[Latest](https://forum.mentalhealthlaw.co.uk/latest.md) · [Categories](https://forum.mentalhealthlaw.co.uk/categories.md) · [Tags](https://forum.mentalhealthlaw.co.uk/tags.md)

---

## [Medical treatment to address future sex offending risk ](https://forum.mentalhealthlaw.co.uk/t/medical-treatment-to-address-future-sex-offending-risk/6042)

<div class="topic-metadata">

**Author:** [@CaptainWalker](https://forum.mentalhealthlaw.co.uk/u/CaptainWalker)\
**Replies:** 0\
**Last updated:** [26 August 2026 22:24 UTC](https://forum.mentalhealthlaw.co.uk/t/medical-treatment-to-address-future-sex-offending-risk/6042 "2026-08-26T22:24:06Z")

</div>

It’s called Medication to Manage Problematic Sexual Arousal. The short name is MMPSA. Pick up on the story Thousands of sex offenders in England and Wales could get libido-suppressing drugs | Prisons and probation | The …

---

## [S117, Probation Licence, MAPPA, ICB Responsibility](https://forum.mentalhealthlaw.co.uk/t/s117-probation-licence-mappa-icb-responsibility/4426)

<div class="topic-metadata">

**Author:** [@Laura82](https://forum.mentalhealthlaw.co.uk/u/Laura82)\
**Replies:** 2\
**Last updated:** [12 October 2025 09:19 UTC](https://forum.mentalhealthlaw.co.uk/t/s117-probation-licence-mappa-icb-responsibility/4426 "2025-10-12T09:19:56Z")

</div>

Person entitled to S117 pre custody following detention under section 3 following a serious incident of self-harm in the community and remains entitled to S117 as not discharged from S117 prior to, or during custody. Cu…

---

## [What happens after an arrested person is sectioned under the MHA?](https://forum.mentalhealthlaw.co.uk/t/what-happens-after-an-arrested-person-is-sectioned-under-the-mha/3713)

<div class="topic-metadata">

**Author:** [@OwenSmith](https://forum.mentalhealthlaw.co.uk/u/OwenSmith)\
**Replies:** 7\
**Last updated:** [10 June 2025 12:54 UTC](https://forum.mentalhealthlaw.co.uk/t/what-happens-after-an-arrested-person-is-sectioned-under-the-mha/3713 "2025-06-10T12:54:11Z")

</div>

Scenario - a person is arrested then sectioned under the MHA. What happens after a person is sectioned and they are released from hospital? Will they be released to police custody? Does the detention under the MHA have a…

---

## [Section 48/49 patient bailed -- when to treat as informal patient?](https://forum.mentalhealthlaw.co.uk/t/section-48-49-patient-bailed-when-to-treat-as-informal-patient/3431)

<div class="topic-metadata">

**Author:** [@anonymous34](https://forum.mentalhealthlaw.co.uk/u/anonymous34)\
**Replies:** 1\
**Last updated:** [11 March 2025 13:39 UTC](https://forum.mentalhealthlaw.co.uk/t/section-48-49-patient-bailed-when-to-treat-as-informal-patient/3431 "2025-03-11T13:39:48Z")

</div>

Hi Patient subject to s48/49 had a court hearing in connection with the offences that led to the above order. The judge stated that the patient is no longer on remand and can stay in hospital on a voluntary basis but h…

---

## [Diminished reponsibility and intent](https://forum.mentalhealthlaw.co.uk/t/diminished-reponsibility-and-intent/800)

<div class="topic-metadata">

**Author:** [@Joolsleeds](https://forum.mentalhealthlaw.co.uk/u/Joolsleeds)\
**Replies:** 5\
**Last updated:** [25 February 2025 12:41 UTC](https://forum.mentalhealthlaw.co.uk/t/diminished-reponsibility-and-intent/800 "2025-02-25T12:41:57Z")

</div>

Should a person who has planned and carried out a murder be allowed to argue that a mental disorder had diminished his responsibility for the crime? Interesting case from Singapore. Is there anything similar from the c…

---

## [How do the courts decide on diminished responsibility?](https://forum.mentalhealthlaw.co.uk/t/how-do-the-courts-decide-on-diminished-responsibility/3266)

<div class="topic-metadata">

**Author:** [@Herystote](https://forum.mentalhealthlaw.co.uk/u/Herystote)\
**Replies:** 0\
**Last updated:** [12 February 2025 19:29 UTC](https://forum.mentalhealthlaw.co.uk/t/how-do-the-courts-decide-on-diminished-responsibility/3266 "2025-02-12T19:29:48Z")

</div>

Continuing the discussion from Case (Appeal against murder conviction). R v Ansell \[2024\] EWCA Crim 1669: I find this interesting. What type of evaluation process do the courts undergo to formulate a judgement on wheth…

---

## [Arrest of sectioned patient](https://forum.mentalhealthlaw.co.uk/t/arrest-of-sectioned-patient/2115)

<div class="topic-metadata">

**Author:** [@Taylor](https://forum.mentalhealthlaw.co.uk/u/Taylor)\
**Replies:** 9\
**Last updated:** [20 January 2025 11:07 UTC](https://forum.mentalhealthlaw.co.uk/t/arrest-of-sectioned-patient/2115 "2025-01-20T11:07:18Z")

</div>

Can a patient under section 2 or 3 be arrested. I am aware a patient can be criminally prosecuted for a offence committed on section if they had criminal capacity at time of offence. But for example if the police were …

---

## [Who decides whether remanded patient is unfit to plead?](https://forum.mentalhealthlaw.co.uk/t/who-decides-whether-remanded-patient-is-unfit-to-plead/2876)

<div class="topic-metadata">

**Author:** [@Clare](https://forum.mentalhealthlaw.co.uk/u/Clare)\
**Replies:** 3\
**Last updated:** [29 October 2024 06:42 UTC](https://forum.mentalhealthlaw.co.uk/t/who-decides-whether-remanded-patient-is-unfit-to-plead/2876 "2024-10-29T06:42:57Z")

</div>

Hi folks, I’m curious - whose decision is it whether a person on remand is fit to attend their plea hearing? In this instance, the family believe the person is extremely mentally unwell and that their loved one is not f…

---

## [Trial of the Facts](https://forum.mentalhealthlaw.co.uk/t/trial-of-the-facts/2446)

<div class="topic-metadata">

**Author:** [@ClementAttlee](https://forum.mentalhealthlaw.co.uk/u/ClementAttlee)\
**Replies:** 7\
**Last updated:** [15 May 2024 17:47 UTC](https://forum.mentalhealthlaw.co.uk/t/trial-of-the-facts/2446 "2024-05-15T17:47:53Z")

</div>

Hi all- we have a pt who was found not guilty following a trial of the facts, of a very serious offence. I am aware that should he have been found guilty there would have been consideration for another court hearing at t…

---

## [Fitness to plead in criminal cases](https://forum.mentalhealthlaw.co.uk/t/fitness-to-plead-in-criminal-cases/2379)

<div class="topic-metadata">

**Author:** [@GoddardTania](https://forum.mentalhealthlaw.co.uk/u/GoddardTania)\
**Replies:** 3\
**Last updated:** [30 April 2024 08:18 UTC](https://forum.mentalhealthlaw.co.uk/t/fitness-to-plead-in-criminal-cases/2379 "2024-04-30T08:18:52Z")

</div>

I am a researcher exploring fitness to plead in Crown Court cases. I would be interested to hear from anyone with experience of issues being raised in relation to fitness to plead.

---

## [Does section 3 have to be discharged if patient sentenced to 37/41?](https://forum.mentalhealthlaw.co.uk/t/does-section-3-have-to-be-discharged-if-patient-sentenced-to-37-41/2303)

<div class="topic-metadata">

**Author:** [@harpreet](https://forum.mentalhealthlaw.co.uk/u/harpreet)\
**Replies:** 1\
**Last updated:** [19 March 2024 16:02 UTC](https://forum.mentalhealthlaw.co.uk/t/does-section-3-have-to-be-discharged-if-patient-sentenced-to-37-41/2303 "2024-03-19T16:02:33Z")

</div>

does section 3 have to be discharged if pt sentenced to 37/41?

---

## [S37/41 Patient Deemed Fit to Plead and Stand Trial](https://forum.mentalhealthlaw.co.uk/t/s37-41-patient-deemed-fit-to-plead-and-stand-trial/2263)

<div class="topic-metadata">

**Author:** [@helenlink](https://forum.mentalhealthlaw.co.uk/u/helenlink)\
**Replies:** 10\
**Last updated:** [16 March 2024 11:06 UTC](https://forum.mentalhealthlaw.co.uk/t/s37-41-patient-deemed-fit-to-plead-and-stand-trial/2263 "2024-03-16T11:06:05Z")

</div>

We have a patient who was admitted to hospital in 2019 under S37/41. The Court order states is was impracticable or inappropriate for the patient to be brought to court. We have now received a letter advising the RC ha…

---

## [Refusal of s17 leave for court appearance](https://forum.mentalhealthlaw.co.uk/t/refusal-of-s17-leave-for-court-appearance/2113)

<div class="topic-metadata">

**Author:** [@Taylor](https://forum.mentalhealthlaw.co.uk/u/Taylor)\
**Replies:** 1\
**Last updated:** [5 January 2024 09:28 UTC](https://forum.mentalhealthlaw.co.uk/t/refusal-of-s17-leave-for-court-appearance/2113 "2024-01-05T09:28:28Z")

</div>

Can RC refuses leave for a court appearance? If they cant then - where is this said in law, case law or tertiary legislation /guidance? If they can the would the patient not be committing an offence of failing to atten…

---

## [Is absconding a criminal offence?](https://forum.mentalhealthlaw.co.uk/t/is-absconding-a-criminal-offence/2112)

<div class="topic-metadata">

**Author:** [@Taylor](https://forum.mentalhealthlaw.co.uk/u/Taylor)\
**Replies:** 1\
**Last updated:** [5 January 2024 00:16 UTC](https://forum.mentalhealthlaw.co.uk/t/is-absconding-a-criminal-offence/2112 "2024-01-05T00:16:15Z")

</div>

Dose a patient commit a criminal offence if they abscond from compulsory treatment under the MHA ? I am awear that it is an offence to assist a patient to abscond under section 128 MHA but dose the patient them selves c…

---

## [Funding psychiatric report in criminal proceedings](https://forum.mentalhealthlaw.co.uk/t/funding-psychiatric-report-in-criminal-proceedings/1471)

<div class="topic-metadata">

**Author:** [@NWJ](https://forum.mentalhealthlaw.co.uk/u/NWJ)\
**Replies:** 3\
**Last updated:** [18 December 2023 10:34 UTC](https://forum.mentalhealthlaw.co.uk/t/funding-psychiatric-report-in-criminal-proceedings/1471 "2023-12-18T10:34:12Z")

</div>

Who funds the cost of a Court obtaining a psychiatric report on a defendant under Criminal Procedure Rule 3.10? For example does the funding come from HMCTS or the MOJ or another organisation and how do the Court go abo…

---

## [Time limits for appealing against hospital orders](https://forum.mentalhealthlaw.co.uk/t/time-limits-for-appealing-against-hospital-orders/1906)

<div class="topic-metadata">

**Author:** [@Wendy](https://forum.mentalhealthlaw.co.uk/u/Wendy)\
**Replies:** 4\
**Last updated:** [4 October 2023 15:30 UTC](https://forum.mentalhealthlaw.co.uk/t/time-limits-for-appealing-against-hospital-orders/1906 "2023-10-04T15:30:29Z")

</div>

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…

---

## [Challenge to IPP](https://forum.mentalhealthlaw.co.uk/t/challenge-to-ipp/1344)

<div class="topic-metadata">

**Author:** [@anonymous17](https://forum.mentalhealthlaw.co.uk/u/anonymous17)\
**Replies:** 1\
**Last updated:** [20 November 2022 18:57 UTC](https://forum.mentalhealthlaw.co.uk/t/challenge-to-ipp/1344 "2022-11-20T18:57:44Z")

</div>

Hi, if a patient wishes to challenge his IPP sentence, and to hopefully substitute it for a hospital order, what is the process to follow?

---

## [What is the offence if someone assists a forensic inpatient abscond?](https://forum.mentalhealthlaw.co.uk/t/what-is-the-offence-if-someone-assists-a-forensic-inpatient-abscond/934)

<div class="topic-metadata">

**Author:** [@Beelawtutor](https://forum.mentalhealthlaw.co.uk/u/Beelawtutor)\
**Replies:** 5\
**Last updated:** [18 May 2022 17:17 UTC](https://forum.mentalhealthlaw.co.uk/t/what-is-the-offence-if-someone-assists-a-forensic-inpatient-abscond/934 "2022-05-18T17:17:43Z")

</div>

S128 applies to those under Part II. what about those under forensic section e.g. 35,36,38, etc . (S37 and S37/41 come under Part II for AWOL/absconding). this is just an academic question. thank you

---

## [Bail in criminal proceedings to a hospital](https://forum.mentalhealthlaw.co.uk/t/bail-in-criminal-proceedings-to-a-hospital/928)

<div class="topic-metadata">

**Author:** [@JamesMcAulay2022](https://forum.mentalhealthlaw.co.uk/u/JamesMcAulay2022)\
**Replies:** 6\
**Last updated:** [16 May 2022 17:52 UTC](https://forum.mentalhealthlaw.co.uk/t/bail-in-criminal-proceedings-to-a-hospital/928 "2022-05-16T17:52:47Z")

</div>

Hello everyone In a murder case can a person be bailed with a condition of residence (not for psychiatric reports) to a mental health hospital where they are detained under Section 3? Not going to be a Section 35,36 or…

---

## [Location of the offence in R v Weekes \[1999\] EWCA Crim 1225](https://forum.mentalhealthlaw.co.uk/t/location-of-the-offence-in-r-v-weekes-1999-ewca-crim-1225/551)

<div class="topic-metadata">

**Author:** [@Joolsleeds](https://forum.mentalhealthlaw.co.uk/u/Joolsleeds)\
**Replies:** 4\
**Last updated:** [24 July 2021 14:38 UTC](https://forum.mentalhealthlaw.co.uk/t/location-of-the-offence-in-r-v-weekes-1999-ewca-crim-1225/551 "2021-07-24T14:38:56Z")

</div>

Does anyone where the original offence in this case took place? In the early hours of Sunday 7th December 1997, following an earlier encounter between them, an hour or two before, the appellant used violence to a man ca…

---

## [Sexual Harm Prevention Order](https://forum.mentalhealthlaw.co.uk/t/sexual-harm-prevention-order/467)

<div class="topic-metadata">

**Author:** [@Karen](https://forum.mentalhealthlaw.co.uk/u/Karen)\
**Replies:** 9\
**Last updated:** [13 May 2021 11:54 UTC](https://forum.mentalhealthlaw.co.uk/t/sexual-harm-prevention-order/467 "2021-05-13T11:54:05Z")

</div>

On the point of conditional discharge my client has been served with a SHPO application. It is very poorly drafted and shows no evidence of current risk. My client is apparently ineligble for Legal Aid as this is a stand…
