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Section 35 Remand for Report — MRCPsych Paper B MCQ

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EasyForensic PsychiatrySection 35 Remand for ReportMRCPsych Paper B

A 25-year-old man is charged in a magistrates' court with an imprisonable assault offence. He appears confused and responds to unseen stimuli. He has not been convicted but consents to being remanded to hospital. The court accepts evidence from a section 12-approved doctor that there is reason to suspect mental disorder, that preparation of a psychiatric report while he is on bail would be impracticable, and that hospital admission has been arranged. Under which section of the Mental Health Act 1983 may the court remand him to hospital for preparation of a report on his mental condition?

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Correct answer: B — Section 35

Section 35 permits a magistrates' court or the Crown Court to remand a defendant to hospital so that a report can be prepared on their mental condition. For an unconvicted defendant before a magistrates' court, consent or a finding that the alleged act or omission occurred is required. The court must also receive appropriate medical evidence, consider assessment on bail impracticable and ensure admission is arranged. Section 36 concerns Crown Court remand for treatment rather than solely for a report. Section 37 is a hospital order, usually following conviction; section 38 is an interim hospital order for a convicted person; and section 47 concerns transfer to hospital of a person serving a prison sentence.

Reference: Department of Health, Reference Guide to the Mental Health Act 1983, Chapter 14: Remands to hospital, section 35, 2015. https://www.gov.uk/government/publications/mental-health-act-1983-reference-guide