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Patients Involved in Criminal Proceedings
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The Mental Health Act allows courts to deal with mentally disordered offenders. Whilst court sections require medical recommendations the decision as to whether the prisoner "deserves" punishment or treatment is for the court.
There are seven court sections: the two most important examples are:
Section 37: This allows a person convicted of an imprisonable offence to be detained and treated in hospital. The patient is discharged when well regardless of the length of prison sentence they may have been given if they had not been detained in hospital.
Section 41: This restricts discharge of "dangerous" patients detained under section 37 by requiring permission from the Home Secretary.
Some criminal law also involves psychiatric reports, for example the verdict of "not guilty by reason of insanity" or "unfit to plead" (person too mentally disordered to know right from wrong) results in the individuals detention as if under Section 37 with Section 41 restrictions. The verdict of "Diminished responsibility" can reduce a murder verdict to one of manslaughter.
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