The appellant, a mentally disordered offender appealed the imposition of an automatic life sentence. He asserted that it was a breach of his human rights.
Held: Although courts had repeatedly encouraged the use of orders under the Mental Health Act, parliament had made its wishes clear, and such an order would provide greater protection for the public. The assumption under which he was detained was rebuttable, and that there was no evidence that he would not receive appropriate medical treatment. It was impossible to see how the introduction of the statutory assumption could have infringed the appellant’s Convention rights.
Judges:
Lord Justice Kennedy, Mr Justice Bell and Mr Justice Cooke
Citations:
Times 14-Jan-2002, Gazette 21-Feb-2002, [2001] EWCA Crim 2861, [2001] EWCA Crim 2930
Links:
Statutes:
Criminal Courts (Sentencing) Act 2000 109, Crime (Sentences) Act 1997 2, Powers of Criminal Courts (Sentencing) Act 2000 109, European Convention on Human Rights Art 3 5
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Newman CACD 18-Jan-2000
. .
Cited by:
Appeal from – Regina v Drew HL 8-May-2003
The defendant was mentally ill. He had been convicted of a second serious offence, and now appealed the life sentence imposed. Psychiatrists had recommended a hospital order, but such an order could not now be made by virtue of the 2000 Act save in . .
Lists of cited by and citing cases may be incomplete.
Criminal Sentencing, Human Rights
Updated: 30 May 2022; Ref: scu.167317