Court of Appeal quashes life sentence and substitutes hospital order

15 November 2012

Yesterday, 14th November 2011, the Court of Appeal quashed a sentence of life imprisonment in the case of X and substituted a hospital order under section 37 of the Mental Health Act 1983, with a restriction order under section 41. This Appeal was the result of a successful Criminal Cases Review Commission (CCRC) referral as the case had been considered before by the Court of Appeal many years ago.

This decision brought to an end a long running process by which the legal team sought the appropriate sentence for a very vulnerable female client. To reach this point (because her case had been considered before by the Court of Appeal, many years ago), they had to convince the CCRC that the case met their criteria for a referral to the Court. The psychiatric evidence was very complicated and because of this and various other issues, it took the CCRC some time to refer the case.

The decision to substitute a hospital order will mean that: X will no longer face the risk of being returned to prison; she will have a far more straightforward route to release in due course; restrictions post release will be subject to review and will not be life long (as they would otherwise be); any recall will be to hospital rather than prison; and she will be able to claim appropriate benefits (something that is not open to a transferred prisoner).

Garden Court North Chambers’ Pete Weatherby QC represented X in the Court of Appeal, instructed by Michael Kennedy of Switalskis Solicitors.

Chambers news

Chambers news

Universal Credit rent deductions scheme declared unlawful by High Court

In R (Roberts) v Secretary of State for Work and Pensions [2025] EWHC 51 (Admin) (16 January 2025) the High Court (Fordham J) decides that the...

Chambers news

Amy Butcher: Coroner identifies “muddled and unclear system for the prescription of medication” and issues Prevention of Future Deaths report to the Secretary of State for Health & Social Care

Amy Butcher was 27 years old when she died by suicide. She was under the care of the Norfolk and Suffolk NHS Foundation Trust Crisis...

Chambers news

Child defendant indicted for the attempted murder of her friend is sentenced to a Youth Rehabilitation Order.

Nina Grahame KC represented a 14-year old girl committed to Minshull Street Crown Court for the attempted murder of her 14-year old friend, possession of...

Chambers news

Court of Appeal dismisses Secretary of State’s appeal in Secretary of State for Work and Pensions v Versnick and Jarvis-Wingate [2024] EWCA Civ 1454 (29 November 2024)

This case concerned whether an EU national with pre-settled status could rely on benefits paid to his wife, a British citizen, to be entitled to...

Sign up to our mailing list

Our mailing list is dedicated to professionals with an interest in our work.

Sign up