Choice of mental Health Sentencing Options
On conviction of manslaughter by reason of diminished responsibility, the judge imposed a hospital order and a restriction, without limit of time, under sections 37 and 41 of the Mental Health Act 1983. The AG appealed it as too lenient, suggesting imprisonment for life with a limitation restriction under s 45A of the 1983 Act.
Held: The reference of the sentence was refused, even though the judge had no followed the opinion of three experts: ‘each case turns on its own facts, including the question of which regime offers greater protection to the public. The judge referred in her sentencing remarks to the need to consider all available options including a s 45A order and to consider the importance of a penal element in the sentence taking into account the level of responsibility assessed at Step 1. She did not spell out in so many words why she considered that a sentence with a penal element was inappropriate. However, that explanation can be discerned without difficulty from the findings she made, in particular: (a) it is highly unlikely that Mr Lall would have committed the offence if he had remained in compliance with medication; (b) this non-compliance was attributable to the illness itself; (c) mental illness was therefore the significant driver for the offence; (d) the level of retained responsibility was ‘low’ though ‘at the upper end of the lower category’; (e) the unanimous view of the three psychiatrists who had given evidence was that public protection could best be achieved in this case by a section 37/41 order, in particular because, in the event of Mr Lall ever being released, mental health specialists were more likely than probation officers to pick up subtle signs of relapse, and under the s 37/41 regime recall can take place as quickly as within two hours.’
Lord Justice Bean
[2021] EWCA Crim 404
Bailii
Mental Health Act 1983 37 41 45A
England and Wales
Citing:
Cited – Vowles and Others, Regina v CACD 5-Feb-2015
The court considered appeals by prisoners subject to indeterminate sentences (either imprisonment for public protection (IPP) or a life sentence) passed between 1997 and 2008, where there had been medical evidence before the court suggesting the . .
Cited – Edwards, Regina v CACD 27-Mar-2018
The court considered issues arising from the sentencing of mentally ill offenders to indeterminate terms of imprisonment.
As to the release provisions relating to those subject to an order under ss 37/41 and those made subject to a s 45A order, . .
Lists of cited by and citing cases may be incomplete.
Criminal Sentencing, Health
Updated: 01 November 2021; Ref: scu.659857