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Section 37 Hospital Order — MRCPsych Paper B MCQ

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ModerateForensic PsychiatrySection 37 Hospital OrderMRCPsych Paper B

A 38-year-old man convicted of arson in England is being considered for a hospital order under section 37 of the Mental Health Act 1983. Which medical evidence requirement must the court satisfy before making the order?

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Correct answer: B — Evidence from two registered medical practitioners, at least one of whom is approved under section 12

A section 37 hospital order requires the court to be satisfied on the written or oral evidence of two registered medical practitioners, at least one of whom must be approved under section 12. The section 12 requirement operates through section 54(1), rather than appearing directly in section 37. One doctor is therefore insufficient, while three are not required. An approved mental health professional cannot substitute for one of the doctors, and a GP counts only if acting as a registered medical practitioner within the required two-doctor arrangement. Separately, the court must be satisfied that appropriate medical treatment is available and that arrangements have been made for admission to the specified hospital within 28 days.

Reference: Department of Health, Reference Guide to the Mental Health Act 1983, Chapter 15, paragraphs 15.2 and 15.6, 2015. https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/417412/Reference_Guide.pdf