The appellant pleaded guilty to manslaughter by reason of diminished responsibility and attempted murder. He was sentenced for manslaughter to imprisonment for public protection pursuant to section 225 of the 2003 Act with a minimum term of 6 years, less time spent on remand, and for attempted murder to a similar sentence with a minimum term of 4 and a half years, less time spent on remand. On both counts a Hospital and Restriction order was made pursuant to section 45A of the Mental Health Act 1983 as amended, directing that the appellant was to remain at Guild Lodge secure accommodation, as opposed to prison. The effect of this order was to make the appellant subject to the restrictions contained within section 41 of the Mental Health Act 1983 concerning his release from hospital, where upon depending upon any prior assessment of the Parole Board he would be returned to prison.
Citations:
[2010] EWCA Crim 2335, [2010] MHLR 240
Links:
Statutes:
Mental Health Act 1983 45A, Criminal Justice Act 2003
Jurisdiction:
England and Wales
Criminal Sentencing, Health
Updated: 20 December 2022; Ref: scu.425555
