Section 43: committal by magistrates for restriction order
The magistrates’ court cannot impose a restriction order. If it believes this to be necessary they can commit the person in custody (i.e. not hospital) to the Crown Court for this to be considered. By s43(1):
If in the case of a person of or over the age of 14 years who is convicted by a magistrates’ court of an offence punishable on summary conviction with imprisonment—
- (a) the conditions which under section 37(1) above are required to be satisfied for the making of a hospital order are satisfied in respect of the offender; but
- (b) it appears to the court, having regard to the nature of the offence, the antecedents of the offender and the risk of his committing further offences if set at large, that if a hospital order is made a restriction order should also be made,
the court may, instead of making a hospital order or dealing with him in any other manner, commit him in custody to the Crown Court to be dealt with in respect of the offence.
The Crown Court may then make a hospital order, without or without a restriction order, or deal with the case in any other way which the magistrates could have (s43(2)).
The patient is not subject to the Part 4 ‘Consent to Treatment’ provisions (he is not in hospital).
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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