Section 35 vs 36 Distinction — MRCPsych Paper B MCQ

Correct answer: C — Section 35 permits remand for a report on the evidence of one section 12-approved doctor and may be used by the Crown Court or a magistrates' court; section 36 permits remand for treatment on the evidence of two registered medical practitioners and is available only in the Crown Court.

Explanation lettering: C = shown as A · D = shown as B · B = shown as C · E = shown as D · A = shown as E

B is correct. Section 35 is a remand to hospital for a report on the accused's mental condition; it may be made by the Crown Court or a magistrates' court (subject to the statutory procedural stages) on the evidence of one doctor approved under section 12, and it confers no authority to treat without consent. Section 36 is a remand to hospital for treatment, available only to the Crown Court for a person in custody awaiting or during trial for an imprisonable offence other than one with a sentence fixed by law, and requires the written or oral evidence of two registered medical practitioners that mental disorder makes detention for treatment appropriate and that appropriate treatment is available. Both need a bed available within seven days. A and C reverse the purposes; D reverses both the medical-evidence and court requirements; E wrongly equates the powers and extends section 36 to magistrates' courts.

Reference: Mental Health Act 1983, Part III, 'Remands to hospital' (sections 35 and 36), legislation.gov.uk revised text: https://www.legislation.gov.uk/ukpga/1983/20/part/III/crossheading/remands-to-hospital