Sentence referred to the Court of Appeal with proposal for substituted hospital order  

A man’s sentence has been referred to the Court of Appeal by the Criminal Cases Review Commission (CCRC), as there is a real possibility the Court will substitute a restricted hospital order in place of the sentence.  

Mr GP was convicted of robbery in 2009 and was sentenced to imprisonment for public protection (IPP) with a minimum custodial term of two years. 

Mr GP was not interviewed by the police regarding the incident, as it was determined by a medical examiner that Mr GP would need an appropriate adult for interview, but none could be found. He was charged with robbery, to which he pleaded not guilty. However, he changed his plea to guilty at trial.  

Mr GP applied to the Court of Appeal for leave to appeal his sentence, and an appeal was heard but was dismissed. 

An application was received by the CCRC in July 2020, supported by evidence from a consultant psychiatrist which, it was argued, demonstrated that Mr GP’s IPP sentence should be substituted for a restricted hospital order under sections 37 and 41 Mental Health Act 1983. 

Mr GP previously applied to the CCRC in 2017. This did not result in a referral as the applicant was a serving prisoner at the time, and his responsible clinician did not support a hospital order.  

During the latest review the CCRC obtained several fresh expert reports which, along with evidence submitted by Mr GP’s solicitors, and support from his responsible clinician, forms the basis for the referral. 

The CCRC now believes there is a real possibility the Court of Appeal will determine a restricted hospital order is the most appropriate sentence for Mr GP and will substitute that for the existing IPP. 

[ENDS]  

Notes to Editors:  

1. This release has been anonymised to protect the identity of the applicant and the victim. 

2. The CCRC is an independent body set up under the Criminal Appeal Act 1995. It is responsible for independently reviewing suspected and alleged miscarriages of criminal justice in England, Wales and Northern Ireland. It is based in Birmingham and is funded by the Ministry of Justice.     

3. There are currently nine Commissioners who bring to the CCRC considerable experience from a wide variety of backgrounds. Commissioners are appointed by the monarch on the recommendation of the Prime Minister in accordance with the Office for the Commissioner for Public Appointments’ Code of Practice.   

4. The CCRC usually receives around 1,500 applications for reviews (convictions and/or sentences) each year. Since starting work in 1997, the CCRC has referred around 3% of applications to the appeal courts.     

5. The CCRC considers whether, as a result of new information or a new argument on a point of law, there is a real possibility that the sentence would not be upheld were a reference to be made. New information or argument on a point of law is argument or information which has not been raised during the original sentence hearing or on appeal.  Applicants should usually have appealed first. A sentence can be referred in the absence of an earlier appeal only if there are “exceptional circumstances”.    

6. If a case is referred, it is then for the appeal court to decide whether the sentence should be changed.       

7. More details about the role and work of the Criminal Cases Review Commission can be found at www.ccrc.gov.uk. The CCRC can be found on Facebook, Instagram (@the_ccrc) and Linkedin.