Nigel Turner's HyperGUIDE to the Mental Health Act

Remand to Hospital by the Courts

Section 35

Summary

This Section allows a Court to send a person to hospital for a report to be prepared on his/her mental condition, instead of remanding the person to prison. The purpose of Section 35 is assessment and preparation of a report only, in contrast to Section 36 which allows for treatment.

Conditions

The Court has to be satisfied:

• that there is reason to suspect that the accused person has at least one of the four types of mental disorder, on the basis of evidence supplied by one doctor (who must be approved under Section 12) and
• that it would not be practicable for the necessary report to be prepared if the person were allowed bail and
• that a specific hospital is willing and able to admit the person within 7 days.

Circumstances

The person concerned must have been charged with an offence which could lead to imprisonment and:

• will be before a Crown Court, but not yet have been tried / convicted / sentenced or otherwise dealt with or
• will have been convicted by a Magistrates Court or
• will be before a Magistrates Court, but not have been convicted, and either:
  
  • the Court is satisfied that that the person did what they are accused of doing or
  • the person agrees to a Section 35 remand being made.

Section 35 cannot be used in the case of a person who has been convicted of murder, where the Court has to impose a sentence of life imprisonment in all cases.

Duration

The initial period is up to 28 days. This period can be extended by the Court for not more than 28 days at a time, up to a maximum of 12 weeks.

Notes

The person remains under the control of the Court. He/she cannot be discharged under Section 23 and has no rights of appeal.

The consent to treatment arrangements of Section 57 and Section 58 do not apply to people remanded under Section 35. In other words, people remanded under Section 35 do not have to accept medication or other treatment against their will.

Where compulsory treatment may be required, the Crown Court only, has the option of using Section 36.