Mr ES

Mr ES pleaded guilty in June 2007 to false imprisonment and causing grievous bodily harm with intent. He was sentenced to life imprisonment with a minimum term of four years and nine months.

He appealed against his life sentence and the Court of Appeal substituted it for a sentence of Imprisonment for Public Protection (IPP) with a minimum term of four years and nine months.

Psychiatric evidence obtained prior to sentencing concluded that Mr ES did not have a mental illness and therefore options under the Mental Health Act 1983 were not available to the sentencing judge.

However, while in prison Mr ES was transferred to hospital by direction of the Secretary of State under the powers contained in s.47/49 Mental Health Act 1983 on 9 October 2012.

Mr ES applied to the CCRC for a review of his IPP sentence in December 2012.

Following a detailed review of the case, which included obtaining new expert evidence, the CCRC decided to refer Mr ES’ sentence to the Court of Appeal.

The referral was based on new expert psychiatric evidence that at the time of sentencing Mr ES did meet the criteria for a hospital order (with restriction) under s.37/s.41 Mental Health Act 1983, and continued to meet the criteria at the time of the CCRC’s review.

Consequently, there was a real possibility that the Court would replace the IPP sentence with an appropriate hospital order.

The CCRC referred the sentence in January 2015.

The Court of Appeal upheld the sentence in November 2015.