View source for R v LV; R (LV) v SSJ (2015) EWCA Crim 45, (2015) EWCA Civ 56

{{Case
|Date=2015/02/05
|NCN=[2015] EWCA Crim 45
|ICLR=[2015] WLR(D) 52
|Other citations=[2015] MHLO 16
|Court=Court of Appeal (Criminal Division)
|Judges=Thomas, Macur, Globe
|Parties=LV, Carl Barnes, Danielle Coleman, Justin Obuza Odiowei, David Stuart Irving, Gordon McDougall
|Judicial history first case=R (LV) v SSJ (2012) EWHC 3899 (Admin)
|Sentence=Sentencing guidance; MHT/PB delay
|Summary="There are before the court: (1) Sitting as the Court of Appeal Criminal Division six cases where indeterminate sentences (either imprisonment for public protection (IPP) or a life sentence) had been passed between 1997 and 2008. Each specified a minimum term. In each case there was psychiatric evidence before the court with a view to a judge considering making a hospital order under [[MHA 1983 s37]] as amended with a restriction under [[s41]] of the same Act. The sentencing judge did not make such an order, but each was subsequently transferred to hospital under a transfer direction made by the Secretary of State under [[s47]]. (2) Sitting as the Court of Appeal Civil Division, a civil appeal in relation to a judicial review brought by the first of the appellants in the criminal appeals of the actions of the Secretary of State for Justice and the Parole Board relating to delay in the determination of her application for release from custody." ''In relation to the criminal aspect: in cases where medical evidence suggests mental disorder, the offending is partly or wholly attributable to that disorder, treatment is available and a hospital order may be appropriate, the court should consider (and, if appropriate, make) a [[s45A]] order before considering making a hospital order.''
|Detail===MHLR==
{{MHLR|2016|66}}
|Subject=Deprivation of liberty, Prison law cases, Sentence appeal cases
|News=No
|RSS pubdate=2019/03/23 04:13:34 PM
}}