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Sentencing appeals for people with mental disorder

Thursday 15 April 2021

Her Honour Judge Rosa Dean

Stella Harris

Dr Laura Janes

Dr Richard Latham

Professor Pamela Taylor

Farrhat Arshad (Chair)

The Criminal Appeals Lawyers Association and the Garden Court Chambers Criminal Defence Team, in association with Crime in Mind, are delighted to invite you to attend this webinar on sentencing appeals for people with mental disorder.

Date: Thursday 15 April 2021
Time: 6pm-7:30pm
Venue: Online  
Cost: Free
Areas of Law: Criminal Defence , Criminal Appeals

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The recently published White Paper on mental health acknowledges the government’s determination that individuals who meet the criteria for detention under the Mental Health Act are not being held in prisons inappropriately. There is a requirement for the court to ensure it has relevant medical evidence in respect of any person who appears to be suffering from a mental disorder at the date of sentencing and the Sentencing Council’s guideline on Sentencing offenders with mental disorders, developmental disorders, or neurological impairments (in force since October 2020) provides greater clarity on the considerations that apply in such instances.

However, there will be occasions where that does not happen or it later becomes clear that a person ought to have had a hospital order rather than a prison sentence or a hybrid order. Correcting the sentence can make an enormous difference a person’s welfare and prospects of rehabilitation.

In the guideline case of R v Vowles [2015] EWCA Crim 45 the Court of Appeal considered the correct approach to take in such cases. Since then there have been a dozens of further cases that have refined and clarified the law in this important and complex area.

This webinar will provide attendees with:

  • Why ensuring the correct sentence is passed is so important
  • An overview of the Sentencing Council’s guideline on sentencing people with mental disorder
  • An update on the law in Vowles and subsequent Court of Appeal decisions
  • An overview on the medical evidence required to support Vowles appeals
  • Practical steps to be taken to identify and prepare Vowles appeals

The multidisciplinary Panel will include contributions from:

We hope you can join us. Please register via Eventbrite here.

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