Hospital and Guardianship Orders

Abstract

Abstract This chapter talks about a youth court or a Crown Court that may impose a hospital order or guardianship order upon a youth defendant when the requirements of the MHA 1983, s 37 are satisfied. It emphasizes how a court may authorize the admission and detention of a person convicted by the Crown Court or a magistrates’ court of an offence punishable with imprisonment in a hospital. It also reviews the sentence of an offence that falls under sections 258, 258A, 268A, 273, 274, 274A, 282A, 283, 285, or 285A that will not prevent a court from making an order for the admission of the offender to a hospital. The chapter looks at an order that places an offender under the guardianship of a local social services authority or of any other person if the court is satisfied that that authority or person is willing to receive the offender into guardianship. It considers the restriction order as a hospital order where the court orders that the offender’s release will be subject to special restrictions.