What is a hybrid hospital order?

What is a hybrid hospital order?

“Hybrid” orders are those made under section 45A of the Mental Health Act (MHA) 1983. It provides that where the offender is suffering from a mental disorder the Court may make a direction that, instead of being removed to and detained in a prison, the offender be detained in hospital.

What is a Section 37 hospital Order?

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 section 45 mental Health Act?

Section 45A: restriction direction This is an order which the Crown Court can make at the same time as imposing a prison sentence (except where the sentence is fixed by law, i.e. murder) upon an offender who suffers from mental disorder: s45A(1),(2). A “limitation direction” must also be given: s45A(3).

What is a Section 41?

Section 41 of the Children and Families Act 2014 (the Act) allows the Secretary of State ( SoS ), by order, to publish a list of approved independent special schools and special post-16 institutions. Institutions can only be included on the list with their consent.

What is an interim hospital order?

This is called an “interim hospital order”. It means that the Court, on the advice of two doctors, thinks that you have a mental disorder and that you may need treatment in hospital.

What is Section 45A hospital direction?

Section 45A MHA relates to a “hospital direction” (as it is called within the legislation itself), though it is often referred to as a “hybrid order”. With a hospital order, once treatment is no longer necessary, the offender would be subject to release and community care.

What is a Section 117 meeting?

Section 117 of the Mental Health Act says that aftercare services are services which are intended to: meet a need that arises from or relates to your mental health problem, and. reduce the risk of your mental condition getting worse, and you having to go back to hospital.

What is an RC in mental health?

Responsible Clinician (RC) is the Approved Clinician (AC) who has overall responsibility in terms of the Mental Health Act 1983 (as amended by the Mental Health Act 2007) for a patient’s case, including those who discharged from hospital but who remain liable to be detained (e.g. those on a Community Treatment Order ( …

What is the minimum time you can be sectioned for?

Up to 28 days. The section can’t normally be extended or renewed. But you may be assessed before the end of the 28 days to see if sectioning under section 3 is needed.

What is a police 136?

Section 136 allows the police to take you to (or keep you at) a place of safety. They can do this without a warrant if: you appear to have a mental disorder, AND. you are in any place other than a house, flat or room where a person is living, or garden or garage that only one household has access to, AND.

How long can you be detained under section 38?

12 weeks
You will be in hospital on section 38 for up to 12 weeks at first. If your responsible clinician thinks you can stay in hospital they can ask for your section 38 to continue for a further 28 days. They can keep doing this but the maximum time you can be kept in hospital for is 1 year.

What happens after 28 days of being sectioned?

Under Section 2, you will be discharged within 28 days, but if your doctor thinks it’s necessary for you to stay (and you won’t agree to it), you may be placed on a Section 3, under which you can be detained for longer.

When does a hybrid order need to be issued?

A Hybrid Order means that once the offender has completed their period of treatment, they are automatically placed into prison. To issue a Hybrid Order, the Crown Court must be satisfied that on the written or oral evidence of two doctors (one being approved under section 12), that:

Why do we need hybrid mental health orders?

The hybrid order is designed to ensure that convicted offenders who are in need of necessary treatment for their mental disorder are not denied access to such treatment but also do not end up serving significantly less time in the secure mental health system when they would otherwise be made the subject of a substantial custodial sentence.

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Is the 45A MHA a hybrid health order?

Section 45A MHA relates to a “hospital direction” (as it is called within the legislation itself), though it is often referred to as a “hybrid order”.