Section 35
Section 35 allows a court to send a person to hospital for 28 days for a report to be prepared on his/her mental condition, instead of remanding the person to prison. This period can be extended by the court for not more than 28 days at a time, up to a maximum of 12 weeks. The purpose of section 35 is assessment and preparation of a report only. Prior to imposing a section 35, the court must be satisfied that:
(1) there is reason to suspect that the accused person has at least one of the four types of mental disorder, on the basis of evidence supplied by an approved doctor and
(2) it would not be practicable for the necessary report to be prepared if the person were allowed bail and
(3) a specific hospital is willing and able to admit the person within 7 days.
The imposition of a section 35, however, is restricted to those persons who fulfil the above criteria and:
• have been charged with an offence which could lead to a jail term and
• will be before a Crown Court, but not yet tried/convicted or
• will have been convicted by a Magistrates’ Court or
• will be before a Magistrates’ Court, but not have been convicted, and either: the court is satisfied that that the person did what they are accused of doing or
• the person agrees to a section 35 remand being made.
The exception to this is when a person has been convicted of murder, in which case the court has to impose a sentence of life imprisonment in all cases.
It should be noted that although the individuals are detained in a hospital, they remain under the control of the court. They cannot be discharged, nor do they have a right of appeal. People remanded under section 35 do not have to accept medication or other treatment against their will.
