What is a section 37/41?
This is a section 37 hospital order with section 41 restrictions added. Only the Crown Court can add section 41 restrictions. It might add them if it thinks that it’s necessary for the protection of the public from serious harm.
When deciding whether to add section 41 restrictions, the Crown Court must consider:
- the seriousness of the offence committed
- any previous offences you may have committed
- the risk of you committing more offences in the future.
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.
The Ministry of Justice also needs to give permission for you to have section 17 leave or for you to transfer to a different hospital. Getting permission from the Ministry of Justice can take a long time.