View source for R v Nelson (2020) EWCA Crim 1615

{{Case
|Date=2020/12/02
|NCN=[2020] EWCA Crim 1615
|ICLR=[2020] WLR(D) 665
|Court=Court of Appeal (Criminal Division)
|Judges=Dingemans, Walden-Smith
|Parties=Keith Nelson, R
|Judicial history=* [[R v Nelson (2022) EWHC 2928 (SCCO)]] (costs)
* [[R v Nelson (2020) EWCA Crim 1615]] (the appeal)
|Sentence=Hybrid order or restricted hospital order
|Summary=The Court of Appeal considered the differences between a hybrid order ([[s45A]]) and a restricted hospital order ([[s37]]/[[s41|41]]), the guidance from caselaw and the Sentencing Council's Guideline on "Sentencing offenders with mental disorders, developmental disorders or neurological impairment" which came into effect on 1/10/20.
|Detail===Introductory paragraph==
This appeal against sentence demonstrates some of the practical differences between, and advantages and disadvantages of, a "hybrid order" under section 45A of the Mental Health Act 1983 ("MHA") combining imprisonment with a hospital direction and limitation direction on the one hand, and a "hospital and restriction order" under section 37 MHA with section 41 MHA on the other hand. Guidance on the approach to section 45A hybrid orders and sections 37 and 41 hospital and restriction orders was given in R v Vowles [2015] EWCA Crim 45; [2015] 1 WLR 5131. This caused some misunderstanding which was then addressed in R v Edwards and others [2018] EWCA Crim 595; [2018] 4 WLR 64. Courts must, pursuant to section 125(1) of the Coroners and Justice Act 2009 and now section 59 of the Sentencing Act 2020, also follow the Sentencing Council's Guideline on "Sentencing offenders with mental disorders, developmental disorders or neurological impairment" ("the Guideline") which came into effect on 1 October 2020, unless it would be contrary to the interests of justice to do so.
|External links=* [https://www.iclr.co.uk/ic/2020007891 ICLR]
|Subject=Hybrid order cases
|News=Yes
|RSS pubdate=2020/12/03 10:21:19 PM
}}