R v Crerand [2022] EWCA Crim 962
Life sentence replaced by hospital order The Court of Appeal quashed a sentence of life imprisonment and substituted a s37/41 restricted hospital order, "taking into account the nature of his mental illness, its causal connection with the offence, its treatability and the clear evidence that his condition will be better managed on release under the Mental Health Act regime and the public better protected".
Note
As usual, the Court of Appeal doesn't fully understand mental health law.
The second sentence above does not follow from the first. After the Mental Health Tribunal has made the necessary s74 recommendations the Parole Board can hear the case while the patient remains in hospital and can release the patient straight from hospital.38. We note that the applicant is highly unlikely ever to be returned to prison for the reasons Dr El-Metaal gave. In those circumstances it is highly unlikely that he will be considered for release by the Parole Board. It is appropriate in our view for the doctors who are responsible for his care to consider whether he is suitable for release and, if so, to propose the necessary conditions for a First Tier Tribunal to consider and determine.
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