Sentencing | Mental Health Disorders| Kangs National Defence Solicitors

In his recent article ‘Dealing With Mental Health Disorders’ posted to this site on 14th May 2019 Nazaqat Maqsoom of Kangs Solicitors commented on various matters concerning such cases.

He now outlines the Orders available to the courts under The Mental Health Act 1983 (‘the Act’).

The Act | Kangs Sentencing Advisory Team 

Section 37 - Hospital Order      

• A judge must be satisfied, on the evidence of two doctors, that this is the appropriate order and that treatment is available within twenty-eight days of making the Order.
• A Hospital Order is normally ordered for a period of six months initially but can be renewed for a further six months and, thereafter, annually.
• A person subject to such an Order can be discharged from the hospital by their doctor, hospital manager or a First Tier Tribunal (Mental Health).
• Such an Order can be made by the Magistrates’ Court, Youth Court and Crown Court. 

Section 41 - Restriction Order                      

• Made only in cases where protection of the public is an issue.
• The Judge must hear live evidence from at least one doctor and this Order attaches to the Hospital Order.
• An Order of this nature restricts the manner in which a person may be discharged and can be made indefinite.
• Generally, only the Secretary of State can discharge someone subject to such an Order.
• A person subject to such an Order may apply for discharge through the Mental Health Tribunal once the Order has been in effect for over six months.
• An Order must be made in cases where the Crown Court has made a Hospital Order under Section 5(2)(a) Criminal Procedure (insanity) Act 1964 in respect of an offender found to have committed the actus reus for murder.

Section 45A - Hospital & Limitation Directions                      

• Sometimes known as a Hybrid Order, a conventional prison sentence with a direction that time should be served in a hospital rather than prison.
• A Hybrid Order can only be made where the person is over twenty one years of age.
• Discharge from the hospital before the end of term imposed by the Court would result in transfer back to prison for the remainder of the sentence.
• If the term is completed in hospital, the person remains in the hospital on the terms of the Hospital Order that has been imposed.  
• The Secretary of State may direct that person is moved to prison to serve the remainder of the sentence, or else authorise release on licence.

How We Can Help | Kangs Offences With Medical Implications Defence Solicitors

Kangs Solicitors fields a team containing experts in assisting clients where medical disorders may be an issue.  

If you require any advice then please do not hesitate to contact us through one of the following:

Helen Holder
hholder@kanngssolicitors.co.uk
0121 449 9888 | 020 7936 6396

Sukhdip Ranhawa
srandhawa@kangssolicitors.co.uk
0121 449 9888 | 020 7936 6396 | 07989 521 210