DH, Regina (on the Application of) v Nottinghamshire Healthcare NHS Trust: CA 3 Dec 2008

This appeal, from an order dismissing the Appellant’s claim for judicial review, raises a short but important point as to the effect of a hospital order made under section 37 of the Mental Health Act 1983: does such an order cease to have effect if the offender who is the subject of the order is not admitted to the hospital named in the order within the period of 28 days from the date of the making of the order, as stipulated by it? The importance of the point is all the greater if the offender is sufficiently dangerous for a restriction order to have been made under section 41, since a restriction order has no effect if there is not an effective hospital order.
[2008] EWCA Civ 1354, [2008] MHLR 376, [2009] PTSR 547-2, [2009] 2 All ER 792, [2009] PTSR 547, [2009] ACD 40
England and Wales

Updated: 14 September 2021; Ref: scu.278409