X v An NHS Trust: Admn 7 May 2008

The court considered issues arising on the making of hospital orders by criminal courts: ‘ the intention of the section is that someone made the subject of a hospital order should take up a place at a hospital or other unit specified in the court order within 28 days of the order. The broad issue that arises for consideration in this case is the legal status of someone who a court intends should be received into a particular hospital or unit pursuant to such an order within 28 days of the order, but in fact is not received into that hospital or unit until after the expiration of that period with no additional authority by the court having been given. Does that result in the court’s order becoming frustrated and of no further effect such that the continued detention of the patient thereafter is unlawful? Or does the order still have effect and the continued detention fall to be treated as being authorised by the order of the court?’

Judges:

Foskett J

Citations:

[2008] EWHC 986 (Admin), [2008] MHLR 139, [2008] LS Law Medical 359

Links:

Bailii

Statutes:

Mental Health Act 1983 37

Jurisdiction:

England and Wales

Health, Criminal Practice

Updated: 14 July 2022; Ref: scu.267584