Section 36
Where compulsory treatment may be required, the court has the option of applying section 36. This, however, can only be imposed by a Crown Court, not a Magistrates’ Court. This section permits the court to send a person to hospital, for an initial period of 28 days, for treatment, rather than remanding him/her to prison. This period can be extended by the court but for not more than 28 days at a time, and only up to a maximum of 12 weeks. As with section 35, the court must be satisfied that:
(1) that the accused person has mental illness or severe mental impairment, on the basis of evidence supplied by two doctors (at least one of whom must be approved under Section 12) and
(2) that a specific hospital is willing and able to admit the person within 7 days.
The person concerned must be appearing before a Crown Court and charged with an offence which could lead to imprisonment. As with section 35, section 36 cannot be used when a person has been convicted of murder; the court has to impose a sentence of life imprisonment in all cases. Similarly, s/he remains under the control of the court. S/he cannot be discharged, may be treated compulsorily and has no right of appeal. However, it should be noted that unlike section 35, it cannot be imposed upon someone who has only been accused and not convicted of murder.
