The court heard four appeals considering s 11(3) of the 1968 Act ‘which requires this court, on an appeal against sentence, to exercise its powers such that ‘taking the case as a whole, the appellant is not more severely dealt with on appeal than he was dealt with by the court below’. Articulating the issue with reference to the specific sentences that may give rise to the issue, it is about the extent to which this court can substitute what is a standard determinate sentence with (i) a special custodial sentence for offenders of particular concern under s. 236A of the Criminal Justice Act 2003; (ii) an extended sentence under s. 226A or B of the 2003 Act; or (iii) a hospital order with restriction or hybrid order under s. 37 and 41 or 45A of the Mental Health Act 1983.’
Judges:
Sir Brian Leveson P QBD, Treacy LJ, Carr DBE, Yip DBE JJ, Sir Peter Openshaw
Citations:
[2018] EWCA Crim 639
Links:
Statutes:
Criminal Appeal Act 1968 11(3), Mental Health Act 1983, Criminal Justice Act 2003
Jurisdiction:
England and Wales
Criminal Sentencing
Updated: 28 May 2022; Ref: scu.608710