Mr EO

A jury convicted Mr EO in March 2011 of sexual assault and rape. He had also previously pleaded guilty to perverting the course of justice. He was sentenced to a total of ten years’ imprisonment and made the subject of a sexual offences prevention order.

Later that year, Mr EO was transferred from a young offenders’ institution to hospital under section 47 of the Mental Health Act 1983.

Mr EO appealed against his sentence in early 2012 and the Court of Appeal added a hospital direction and limitation direction pursuant to section 45A(3) of the Mental Health Act 1983 to it.

In early 2013, Mr EO’s legal representatives sought to have the case relisted on the basis that a direction under s.45A(3) of the Mental Health Act cannot be applied to an individual who was less than 21 years of age at the time of conviction. Mr EO was 18 years of age when convicted. The Court, however, stated that it was procedurally unable to hear the case again.

In March 2014, Mr EO’s legal representatives formally applied to the CCRC for a review of the sentence.

Having considered the case in detail the CCRC decided to refer Mr EO’s sentence to the Court of Appeal. The referral was made on the basis that directions under s. 45A(3) of the Mental Health Act could only correctly be applied to an offender who was 21 years of age or older at the time of conviction and that therefore there was a real possibility that the Court will amend Mr EO’s sentence.

The CCRC referred the sentence in September 2014.

The Court of Appeal amended the sentence in December 2014.