The defendant had spina bifida from birth and hydrocephalus from shortly after birth with consequent severe disabilities and medical problems. The sentencing court had before it, in support of a contention by the defendant that his imprisonment would amount to a breach of Article 3, reports from medical practitioners and from an Area Manager from NOMS setting out the general principles of provision of care to prisoners, and saying that his medical needs could be dealt with in prison. The judge had sentenced him on the basis that he could be imprisoned in accordance with his Convention rights at a particular prison but passed a reduced sentence on the basis of the principles in Bernard.
Held: A careful review was taken of the way in which that appellant was being treated in prison. In the result the court concluded that his needs could be met at the specified prison.
Citations:
[2009] EWCA Crim 1186
Statutes:
European Convention on Human Rights 3
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Bernard CACD 2-Jul-1996
The court considered the general effect of serious medical condition on sentencing, and how it should allow for such a condition.
Held: A sentencing court is fully entitled to take account of a medical condition by way of mitigation as a . .
Cited by:
Cited – Hall v Regina CACD 8-Feb-2013
The defendant had been convicted of the importation of large volumes of cocaine. He was however at the time of sentencing, ‘a man who suffers from an extremely grave combination of rare long term medical conditions which interfere with virtually all . .
Lists of cited by and citing cases may be incomplete.
Prisons, Criminal Sentencing, Human Rights
Updated: 08 May 2022; Ref: scu.470869