Can you appeal a section 47?

You can appeal to the Mental Health Tribunal, for discharge from detention once in the first six months, once in the second six months and after that every year. You can appeal to the Hospital Managers for discharge from detention at any time and however many times you want, at the discretion of the Hospital Managers.

What is a Section 37 Mental Health Act?

The criminal courts can use section 37 of The Mental Health Act if they think you should be in hospital instead of prison. This is also called a ‘hospital order’. You must have a mental disorder and need treatment in hospital. And have been convicted of a crime that is punishable with imprisonment.

What is a Section 45A Mental Health Act?

Under section 45A the Crown Court can make a Hospital Order alongside a prison sentence (except where the sentence is fixed by law). This is often referred to as The Hybrid Order.

What is a notional section 37?

Notional section 37 starts if you are in hospital when your prison sentence ends. It lasts for up to 6 months, but can be renewed if the doctor thinks you are still not well enough to leave hospital. You can also apply for a Mental Health Tribunal and Hospital Managers’ hearing to ask to be released.

How serious is a section 47?

A Section 47 enquiry means that CSC must carry out an investigation when they have ‘reasonable cause to suspect that a child who lives, or is found, in their area is suffering, or is likely to suffer, significant harm’1. The aim is to decide whether any action should be taken to safeguard the child.

Who attends a Section 47 strategy meeting?

These professionals might be Social Workers, the Police, Health Professionals, Teachers or any other relevant professionals. Strategy discussions help Children’s Services to build as full a picture as possible of what has happened. Family members are not invited to attend strategy meetings.

What happens after a section 37 report?

What happens once a report is prepared? Once Section 37 report has been prepared the social worker will be responsible for sending this report to the court. The court will also arrange for copies of the section 37 report to all the parties involved in the proceedings.

How long does a Section 41 last?

A section 37/41 lasts until you are discharged by the Mental Health Tribunal or by your responsible clinician. If your responsible clinician thinks you should be discharged, they will need to get permission from the Ministry of Justice.

What is a Section 2 Mental Health Act?

Section 2. You can be detained under section 2 if: you have a mental disorder. you need to be detained for a short time for assessment and possibly medical treatment, and. it is necessary for your own health or safety or for the protection of other people.

How long does a Section 49 last?

If you are on an indefinite sentence, then the section 47/49 will last until you are discharged by the parole board.

How long does a Section 37 last?

six months
A section 37 lasts six months initially, but this can be extended (‘renewed’) by your responsible clinician. It must be renewed: after the first six months. again after a second six months.

What is a Section 37 report social services?

A section 37 report is prepared when the courts become concerned surrounding the welfare of a child. The court directs the local authority to undertake a thorough investigation into the child’s circumstances and report its findings to the court. The reporting of these findings is known as a section 37 report.