skip to main content

S37 — MRCPsych Paper B MCQ

Instant feedback + full explanation. One question, done properly.

EasyForensic PsychiatryS37MRCPsych Paper B

A man is convicted of an imprisonable offence that does not carry a sentence fixed by law. The court receives the required medical evidence that he has a mental disorder warranting detention in hospital for treatment, that appropriate treatment is available, and that admission can be arranged within 28 days. The court decides to make a final hospital order as the most suitable disposal instead of imposing imprisonment. Under which section of the Mental Health Act 1983 is the order made?

Educational content. Not a substitute for clinical judgement or local policy.

Reveal the answer and explanation

Correct answer: C — Section 37

Section 37 is the hospital-order provision used by a court as a final disposal instead of imprisonment. The court must be satisfied by evidence from two registered medical practitioners that the offender has a mental disorder of a nature or degree warranting detention for medical treatment and that appropriate treatment is available; arrangements must normally permit admission within 28 days. Section 35 is remand to hospital for a report, while section 36 is Crown Court remand to hospital for treatment before final disposal. Section 38 is an interim hospital order used when the court needs further assessment before deciding on the final disposal. Section 47 concerns transfer to hospital of a person already serving a prison sentence.

Reference: Ministry of Justice and HM Prison and Probation Service. Guidance for courts on remand and sentencing powers for mentally disordered offenders, sections 4.16–4.25, 2017. https://assets.publishing.service.gov.uk/media/5a821c7aed915d74e3401c8e/guidance-for-the-courts-mha.pdf