Practice and Procedure

X v NHS TRUST (2008)

PUBLISHED December 3, 2008

[2008] EWCA Civ 1354

A hospital order made under the Mental Health Act 1983 s.37 ceased to have effect if the offender who was the subject of the order was not admitted to the hospital named in the order within the period of 28 days from the date of the making of the order. Where an offender had been admitted to and detained at a secure unit outwith that 28 day period, his detention was unlawful.

CA (Civ Div) (Laws LJ, Longmore LJ, Stanley Burnton LJ)