Hybrid order cases

The old category structure used on this page is comprehensive as it contains every relevant case. The new database structure was introduced in 2019. It is more potentially useful than the old categorisation system: it includes all cases since January 2017, but only a minority of older cases: see Special:Drilldown/Cases. The pages below are initially ordered according to the dates on which they were added to the site (most recent first). The order can be changed by clicking on the symbol beside a column heading: click on the symbol beside "Page and summary" for alphabetical order; click beside "Categories" for the order in which the cases were reported. Click on the arrow symbol again to reverse the order. Click on a page name to view the relevant page. Asterisks mark those cases which have been added to the new database structure.

Case and summary Date added Categories
* Section 37/41 or s45A R v Lall [2021] EWCA Crim 404The Attorney General unsuccessfully sought leave to refer the s37/41 sentence to the Court of Appeal as being unduly lenient, arguing that the correct order should have been life imprisonment with a s45A direction. 2021‑04‑11 21:42:45

* Hybrid order or restricted hospital order R v Nelson [2020] EWCA Crim 1615The Court of Appeal considered the differences between a hybrid order (s45A) and a restricted hospital order (s37/41), 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. 2020‑12‑03 22:27:05

* Successful s45A appeal R v Westwood [2020] EWCA Crim 598"In the circumstances of this case there was a sound reason for departing from the need to impose a sentence with a "penal element". In view of the low level of the appellant's "retained responsibility", the likelihood that for the rest of his life he will need psychiatric treatment and supervision that can most effectively be provided through orders under sections 37 and 41 of the Mental Health Act, and the likely advantages in this case of the regime for and on his release under such orders when compared to an order under section 45A, we consider that that is the right disposal here." 2020‑05‑07 21:54:27 2020 cases, Cases, Hybrid order cases, Judgment available on Bailii

* Sentence appeal - s45A R v Yuel [2019] EWCA Crim 1693(1) The appellant accepted that the s45A hybrid order was reasonable in the circumstances. The court discussed the mental health sentencing regime (including s45A and restricted hospital orders) at paragraphs 44-47. (2) The trial judge's sentence was 11 years' imprisonment for each of six rapes and three years for breach of a Sexual Harm Prevention Order, to be served concurrently.On appeal this was increased to 14 years with a five-year extended licence period. 2019‑10‑17 22:09:58 2019 cases, Cases, Hybrid order cases, Judgment available on Bailii

R v M [2014] EWCA Crim 1641, [2014] MHLO 143 — "The Advice on Appeal submitted on behalf of the applicant contains two grounds: first, that the judge was wrong in principle to make a s45A hospital and limitation direction when the conditions for making a restriction order under section 41 were not met; and second, that a section 37 order was the appropriate order. Those orders and directions refer to the provisions of the Mental Health Act 1983, as amended by the Mental Health Act 2007. The Registrar has also referred the making of the Victim Surcharge Order to the full court on two separate issues." 2015‑02‑12 23:58:04 2014 cases, Hybrid order cases, Judgment available on Bailii, No summary, Transcript

AG's reference (no 91 of 2014) sub nom R v Joseph Williams [2014] MHLO 137 (CA)The trial judge had imposed a sentence of 14 years' imprisonment, together with with a s45A hospital order and limitation direction, on an offender (W) who had pleaded guilty to attempted murder. Following an AG's reference the Court of Appeal held that: (1) The appropriate range was 17-25 years, the starting point was 20 years after a trial, and the judge was not at fault for reducing the sentence by six years given the unusual facts of the case that related to W's mental health. (2) It was not certain that the offence was motivated by antipathy to V's sexual orientation; it could equally have been the case that W did not want to share his flat with anyone. (3) As the judge considered that W's dangerousness was not confined to his mental illness, he should have passed an extended sentence to protect the public in the event that the criteria for the hospital order and restrictions were no longer satisfied, but the offender remained a risk to the public. (4) An extended period of five years was added to the 14-year sentence. The hospital direction with restrictions remained unchanged. (Summary based on Lawtel summary of ex tempore judgment.) 2014‑12‑31 17:38:26 2014 cases, Brief summary, Hybrid order cases, Neutral citation unknown or not applicable, Sentence appeal cases, Transcript

R v Anderson (Darren Gabriel) [2013] EWCA Crim 2212, [2013] MHLO 134Appellant sought restricted hospital order, in place of IPP and s45A hybrid order, but was unsuccessful. 2013‑12‑30 21:55:03 2013 cases, Brief summary, Hybrid order cases, Judgment available on MHLO, Judgment missing from Bailii, Transcript

R v Fort [2013] EWCA Crim 2332, [2013] MHLO 111(1) The sentencing judge erred in concluding that the appellant would continue to pose a significant risk of serious harm to members of the public occasioned by the commission of serious offences, even if his mental disorder were to be cured or substantially alleviated, and therefore erred in imposing a sentence of custody for life as opposed to a s37/41 hospital order. (2) The judge's order under s45A was unlawful, because such an order could not be made on someone who was under 21 at the time of conviction (and was thus being considered for a sentence of custody for life, as opposed to a sentence of imprisonment, as would be the case on a person over 21 at the date of conviction). 2013‑12‑15 13:36:51 2013 cases, Brief summary, Hybrid order cases, Judgment available on Bailii, Life sentence cases, Transcript

R v Jenkin [2012] EWCA Crim 2557, [2012] MHLO 141Having pleaded guilty to GBH with intent (for gouging his girlfriend's eyes out), the appellant was sentenced to life imprisonment with a six-year minimum term, combined with a hospital direction and limitation direction under s45A MHA 1983. He appealed against sentence, arguing for a restricted hospital order or alternatively an IPP sentence. (1) A hospital order means that 'release is dependent on the responsible authority being satisfied that the defendant no longer presents any danger which arises from his medical condition': this would be inadequate as, irrespective of his delusional disorder, the appellant posed a significant risk of serious harm to the public. (2) A life sentence should be reserved for those cases where the culpability of the offender is particularly high or the offence itself particularly grave (R v Kehoe): both those limbs were met in this case. (3) The s45A hybrid order was appropriate as the criteria were met and the disorder was treatable, but when treatment is no longer necessary the risk to the public required that he be released from hospital to prison and for the Parole Board to make the release decision. 2012‑12‑20 00:00:12 2012 cases, Brief summary, Hybrid order cases, Judgment available on MHLO, Judgment missing from Bailii, Transcript

R v Stead [2012] EWCA Crim 92, [2012] MHLO 9The appellant, who had been sentenced to ten years' detention in a young offender institution together with an indefinite Sexual Offences Prevention Order, successfully argued for the imposition of a hybrid order under MHA 1983 s45A. 2012‑02‑09 23:55:27 2012 cases, Brief summary, Hybrid order cases, Judgment available on MHLO, Judgment missing from Bailii, Transcript

R v Cooper [2010] EWCA Crim 2335 — Unsuccessful appeal against s45A hybrid order. 2010‑10‑18 23:22:18 2010 cases, Hybrid order cases, Judgment available on Bailii, No summary, Transcript

R v Paula Staines [2006] EWCA Crim 15 — Court of Appeal refused to substitute s37/41 order for discretionary life sentence and s45A. 2008‑02‑22 21:44:53 2006 cases, Hybrid order cases, Judgment available on Bailii, No summary, Transcript