R v Paul Richard Surrey

R v Paul Richard Surrey

Fresh psychiatric evidence demonstrates that Surrey was suffering from mental disorders at the time of the offence, satisfying the criteria for a hospital order under section 37/41 MHA. The custodial element of his DPP sentence has been served, and ongoing detention for public protection is best achieved under the mental health regime. The original sentence is quashed and replaced with a hospital order with restriction, unlimited in time. An extension of time for appeal is granted in the interests of justice.

Parties
Respondent: Rex; Applicant/appellant: Paul Richard Surrey
Jurisdiction
England and Wales
Judgment Date
21 October 2022
Procedural Posture
Criminal Appeal / Appeal Against Sentence; Application for Extension of Time; Application to Admit Fresh Evidence
Outcome
Appeal allowed; sentence of detention for public protection quashed; hospital order with restriction imposed; extension of time granted
Legal Topics
Hospital Orders, Restriction Orders, Sentencing of Young Offenders, Fresh Evidence on Appeal, Protection of the Public, Mental Disorder and Criminal Responsibility
Criminal Law Mental Health Law Youth Justice Hospital Orders Restriction Orders Sentencing of Young Offenders Fresh Evidence on Appeal Protection of the Public +1 more

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Parties

Rex

Respondent

Paul Richard Surrey

Applicant/appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence; Application for Extension of Time; Application to Admit Fresh Evidence

Legal Issues

  1. 1 Whether fresh psychiatric evidence justifies substituting a hospital order for a sentence of detention for public protection (DPP)
  2. 2 Whether the criteria under section 37 and 41 of the Mental Health Act 1983 are met
  3. 3 Whether an extension of time for appeal should be granted given the delay

Ratio Decidendi

Fresh psychiatric evidence demonstrates that Surrey was suffering from mental disorders at the time of the offence, satisfying the criteria for a hospital order under section 37/41 MHA. The custodial element of his DPP sentence has been served, and ongoing detention for public protection is best achieved under the mental health regime. The original sentence is quashed and replaced with a hospital order with restriction, unlimited in time. An extension of time for appeal is granted in the interests of justice.

Court Disposition

Appeal allowed; sentence of detention for public protection quashed; hospital order with restriction imposed; extension of time granted

Orders

  • Sentence of detention for public protection under section 226 CJA 2003 quashed
  • Hospital Order under section 37 Mental Health Act 1983 imposed