View source for AG's ref (no 54 of 2011) (2011) EWCA Crim 2276

''(1) The restricted hospital order was quashed and a six-year IPP imposed. The judge had failed to take into account the differences between the two regimes: (a) release on licence from IPP depends on lack of danger for any reason, whereas release from hospital order depends on lack of danger for medical reasons only; (b) an IPP licence can be revoked for danger resulting from crime, whereas a conditional discharge can only be revoked if the medical condition relapses. It was essential in this case that the power to recall upon criminal relapse was available. (2) The [[s45A]] hybrid order regime would have been perfect in this case, but it is only available to those subject to imprisonment; however, the defendant was under 21 and imprisonment is only available to those 21 or over (the court recommended that this be reconsidered). (3) The notional determinate term of 12 years was not unduly lenient. (4) The hearing was adjourned in order to allow for an immediate [[s47]] transfer direction to be made upon the imposition of the IPP sentence.''

==Transcript (Crown Copyright)==
The transcript will remain here until it is published on Bailii.

{{Text:Transcript of AG's ref (no 54 of 2011) (2011) EWCA Crim 2276}}

==External link==
{{#bailii:(2011) EWCA Crim 2276|no}}

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[[Category:2011 cases]]
[[Category:Life sentence cases]]