R v Miller [2021] EWCA Crim 1955

Life sentence replaced by hospital order (1) The Court of Appeal quashed a life sentence and substituted a restricted hospital order, believing that this would better protect the public. (2) It is misconceived to submit tribunal decisions as fresh evidence in criminal appeals.


As usual, the Court of Appeal doesn't fully understand mental health law, e.g.:

By virtue of section 117 of 1983 Act, where a person who has been detained in hospital pursuant to a hospital order ceases to be so detained and leaves hospital, the local Clinical Commissioning Group or Local Health Board, and the local Social Services authority, are under a duty to co-operate with other relevant agencies and to provide aftercare services. There is no corresponding statutory duty where a prisoner is released on licence and there is therefore less certainty as to whether specialist medical supervision and care will be provided.

This is wrong as s117 applies to transfer directions as much as it does to hospital orders.


Full judgment: BAILII


  • Life sentence cases🔍

Date: 16/12/21🔍

Court: Court of Appeal (Criminal Division)🔍



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Published: 16/3/23 20:54

Cached: 2024-04-21 21:44:09