R v Surrey [2022] EWCA Crim 1379

DPP replaced with s37/41 A sentence of detention for public protection had been imposed on the appellant (his 29th offence at the age of 17 was to stab someone in the neck from behind for giving him "dirty looks" and calling him a ginger nut) but subsequent evidence stated that he has a learning disability and had been in the prodromal phase of schizophrenia. The Court of Appeal quashed the DPP and substituted it with a restricted hospital order under s37/41.


9... Once released, such a prisoner remains on licence and can be recalled to prison, either for breach of any conditions of that licence, or if other offences are committed. The sentence remains in force indefinitely, and an offender is therefore subject to licence conditions and potential recall for the remainder of their life.

Is this right? With IPP sentences the licence can be cancelled 10 years after initial release. Is it not the same for DPP?

38. They agreed with the list of factors identified in Dr Ross and Dr Carthy's Joint Report, and explained that it was "vitally important" that compliance with medication could be imposed as a condition upon release, if that was through the mental health regime, by a Mental Health Tribunal. The same conditions on taking medication are simply not possible if release of a person is sanctioned by the Parole Board. It is also far less likely that a probation officer, who would be responsible for supervising him upon release, would be able to spot early signs of any deterioration in his mental health compared to a multi-disciplinary clinical team who would be responsible for him if he were released by a Mental Health Tribunal.

When a s47/49 patient is released by the Parole Board from hospital would the discharge plan not include supervision by a multi-disciplinary clinical team?


Full judgment: BAILII


  • Sentence appeal cases🔍

Date: 21/10/22🔍

Court: Court of Appeal (Criminal Division)🔍



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Published: 29/10/22 20:37

Cached: 2024-02-28 00:27:22