Detention under insanity legislation
Previously, following ‘(a) a special verdict is returned that the accused is not guilty by reason of insanity; or (b) findings have been made that the accused is under a disability and that he did the act or made the omission charged against him’, an ‘admission’ order could be made under s5 Criminal Procedure (Insanity) Act 1964; this could be with or without restrictions. For most purposes the admission order was treated the same as a hospital order.
Since amendments made by the Domestic Violence Crime and Victims Act 2004 with effect from 31/3/05, ‘proper’ hospital orders under the MHA are made via s5 CPIA.
INFORMATION
- Representation
- Civil sections and CTOs
- Section 37: hospital order
- Section 37/41: hospital order with restrictions
- Conditional discharge resources
- Sections 47, 48 and 49: transferred prisoners
- Prison sentences
- Notional s37
- Section 45A: hospital direction
- Section 38: interim hospital order
- Section 135: Warrant to search for and remove patients
- Section 136: Mentally disordered persons found in public places
- Section 35: Remand to hospital for report on accused’s mental condition
- Section 36: Remand of accused person to hospital for treatment
- Section 37: guardianship order
- Section 43: committal by magistrates for restriction order
- Section 44: committal to hospital under s43
- Section 51(5): hospital order without conviction
- Detention under insanity legislation
- Admission order
- Aftercare
- Mental Health Tribunal
- Mandatory and discretionary references
- Nearest relative
- Legal Aid
- International law
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