Mr BE

Mr BE was convicted in March 1991 at Birmingham Crown Court of rape, kidnapping, and making threats to kill. Mr BE received a sentence of life imprisonment.

The CCRC began a review into Mr BE’s sentence in February 2005.

At the time of sentencing, two expert psychiatrists took the view Mr BE was suffering from a mental disorder.

One expert did not agree that his illness was treatable. The sentencing judge was therefore unable to make a hospital order and a discretionary life sentence was imposed.

Mr BE subsequently exhibited symptoms of mental illness and was transferred from prison to hospital under the Mental Health Act where his illness responded to treatment.

The CCRC referred Mr BE’s sentence in June 2005 on the basis that the original medical opinion that his condition was not treatable was wrong.

If the medical opinions now available to the CCRC had been available to the sentencing judge, he would have been in a position to have imposed a hospital order under section 37 Mental Health Act 1983 rather than a sentence of imprisonment.

The CCRC considered that there was a real possibility the court would therefore exercise its discretion to substitute such an order under section 11(3) Criminal Appeal Act 1968.

The Court of Appeal quashed the sentence in October 2006 and substituted it for hospital order with restriction.