Irving, David

David Irving was convicted in April 1997 of arson, damaging property, and making threats to kill. Mr Irving received a sentence of life imprisonment with a recommendation that he serve a minimum of eight years.

The CCRC received an application for review of Mr Irving’s sentence in November 2011.

During review, the CCRC obtained fresh expert evidence, derived from ongoing post-appeal assessment, of the extent and degree of Mr Irving’s learning disabilities which, had they been known at sentencing, could have made a hospital order with restriction the appropriate disposal at that time.

The sentencing judge had considered mental health in his sentencing decision but did not have before him medical opinion which would have permitted a hospital order to have been made.

The CCRC considered there was a real possibility that the Court of Appeal would quash the life sentence and substitute it for a hospital order with restriction.

The CCRC referred the sentence in January 2014.

The Court of Appeal upheld the sentence in February 2015.