Court of Appeal quashes indeterminate prison sentence and makes hospital order under the Mental Health Act

Thursday 4 February 2016

The appellant successfully appealed against a sentence of Imprisonment for Public Protection (IPP) imposed in 2008 after he pleaded guilty to GBH with intent, possession of an offensive weapon and common assault.

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His psychiatric condition deteriorated in custody and the appellant was transferred from prison to a psychiatric unit in 2011.

In 2016 the Court of Appeal found that the appellant is severely ill with a mental disorder, which he suffered from at the time of the offences.

The Court of Appeal quashed the IPP sentence and made a hospital order under section 37 of the Mental Health Act 1983, subject to a section 41 restriction.

Tim Baldwin represented the appellant. Commenting on the case, Tim said,

“This case demonstrates the difficulty in identifying mental illness in the context of criminal proceedings and the importance for both victims and offenders for the provision of effective mental health services in the community.”

Tim Baldwin is a member of the Mental Health and Prison Law teams at Garden Court Chambers. He was instructed by the Registrar of Criminal Appeals and Skhar Kader of Kesar & Co Solicitors.

The full transcript is available for more information.

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