Mr BI

Mr BI was convicted in October 1978 of rape, assault, burglary, and attempt to render incapable of resistance with intent. Mr BI received a sentence of life imprisonment.

The CCRC received an application for review of the sentence in February 2004.

During review, the CCRC obtained new evidence in the form of expert psychiatric reports.

The CCRC considered that, if these medical opinions had been available to the sentencing judge, he would have been in a position and under a duty to have imposed a hospital order under Section 37 of the Mental Health Act 1983 together with a restriction order under Section 41 of the same Act, rather than a sentence of life imprisonment.

The CCRC referred the sentence in January 2006.

The Court of Appeal allowed the appeal in October 2006 and mental health and restriction orders were substituted for the indeterminate life sentence.