Nigel Turner's HyperGUIDE to the Mental Health Act

Remand to Hospital by the Courts for Treatment

Section 36

Summary

This Section allows a Crown Court (not a Magistrates Court) to send a person to hospital for treatment, instead of remanding the person to prison. This is in contrast to a Section 35 remand which is for a report to be prepared on the person's mental state, and which does not allow for compulsory treatment.

Conditions

The Court has to be satisfied:

• that the accused person has mental illness or severe mental impairment, on the basis of evidence supplied by two doctors (at least one of whom must be approved under Section 12) and
• that a specific hospital is willing and able to admit the person within 7 days.

Circumstances

The person concerned must be before a Crown Court, charged with an offence which could lead to imprisonment. However, Section 36 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, nor can it be used for someone who has been accused of murder (unlike Section 35).

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.

People remanded under Section 36 may be treated compulsorily - the consent to treatment arrangements of Section 57 and Section 58 apply.