Site icon swarb.co.uk

Nelson v Regina: CACD 2 Dec 2020

‘This appeal against sentence demonstrates some of the practical differences between, and advantages and disadvantages of, a ‘hybrid order’ under section 45A of the Mental Health Act 1983 (‘MHA’) combining imprisonment with a hospital direction and limitation direction on the one hand, and a ‘hospital and restriction order’ under section 37 MHA with section 41 MHA on the other hand. Guidance on the approach to section 45A hybrid orders and sections 37 and 41 hospital and restriction orders was given in R v Vowles’

Judges:

Lord Justice Dingemans

Citations:

[2020] EWCA Crim 1615

Links:

Bailii

Statutes:

Mental Health Act 1983 37 41 45A

Jurisdiction:

England and Wales

Citing:

CitedVowles 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 . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing

Updated: 13 May 2022; Ref: scu.656606

Exit mobile version