CCRC refers sentence on basis of new medical diagnosis 

A man’s sentence has been referred to the Court of Appeal by the Criminal Cases Review Commission (CCRC) based on a new medical diagnosis which suggests that a hospital order would be more appropriate.  

Mr HI was convicted of three counts of attempted murder and affray in May 2016. He was sentenced to 27 years’ imprisonment. 

In December 2015 Mr HI had a disagreement which resulted in him attacking three men with a knife in East Sussex. All three men sustained severe injuries, and Mr HI was arrested at the scene. 

He pleaded not guilty but was convicted of all counts at trial.  

Mr HI applied for leave to appeal to the Court of Appeal on the grounds that the sentence was manifestly excessive, but this application was refused in October 2017. The application was renewed to the Full Court, but this was also dismissed in May 2018.  

An application was made to the CCRC in July 2021 with submissions that included new evidence of his mental illness, suggesting that a restricted hospital order would be an appropriate alternative to his sentence.  

After careful analysis the CCRC has decided to refer this sentence to the Court of Appeal, as there is a real possibility the Court of Appeal would substitute Mr HI’s hybrid sentence under s45Aof the Mental Health Act with a hospital/ limitation order under s37/41. 

[ENDS]  

Notes to Editor:  

1. This press release has been anonymised due to the medical details of the applicant. 

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 Twitter @ccrcupdate.