Your rights when detained under the Mental Health Act in England: forensic sections

This introductory guide is for people detained under section 35, 36, 37, 37/41, 38, 45A, 47, 47/49, 48 or 48/49 of the Mental Health Act. These are people who are suspected or have been convicted of a crime and the courts and doctors have decided that they need to stay in a mental health hospital to get support and care for their mental health condition. The guide explains what rights individuals have and what should happen to them at different stages through their journey in hospital. There are six parts to this guide. The first four parts (A-D) relate to the different stages of stay in hospital in time order, covering: the decision to detain; being detained in hospital; staying in hospital; and leaving hospital. Part E explains how to make a complaint at any stage of one’s stay in hospital; and Part F explains some of the key terms used in this document.