What is a Hybrid Order?
Hospital and Limitation Directions under section 45A of the Mental Health 1983, as amended in 2007, are commonly known as hybrid orders. Using this order, a judge can mandate that a convicted offender has hospital treatment whilst also giving a custodial sentence. Once treatment in hospital is completed, the offender can be transferred back to prison to complete their sentence.
When Might a Hybrid Order be Given?
As with other hospital orders, for a hybrid order to be given:
- The defendant must be convicted of an offence (other than murder)
- This offence must be punishable by a custodial sentence
- There must be sufficient evidence from two registered medical practitioners that the defendant is suffering from a mental disorder of a nature or degree which makes it appropriate for them to be detained in hospital for treatment
- At least one of the reports must confirm appropriate medical treatment is available within 28 days of sentencing.
For a hybrid order, the defendant must be over 21. There are specific elements of the case that judges will consider when making a hybrid order.
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