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England and Wales decisions
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The Court of Appeal granted leave in an Attorney General’s Reference over stalking sentences, but dismissed the reference, holding the conditional discharges were not unduly lenient.
The Upper Tribunal held that a restricted patient may be conditionally discharged while remaining in hospital informally; detention cannot be imposed as a discharge condition.
The Upper Tribunal held that AN’s detention was not unlawful and that a reconvened tribunal could revisit the mental disorder finding before making a final discharge decision.
The seriousness of the appellant's offending was sufficiently reflected in the time spent on remand, licence, and post-sentence supervision, and in the unusual circumstances of the case, it would not serve the purposes of sentencing to impose further post-sentence conditions; a conditional discharge was appropriate.
Source excerpt
Cameron v Secretary of State for Justice & Anor [2025] EWCA Civ 1574 (04 December 2025)
The Court of Appeal held that a recalled conditionally discharged patient’s pending s.75(2) Mental Health Act application is subsumed by the mandatory s.75(1) referral.
The Upper Tribunal set aside a First-tier Tribunal mental health decision for inadequate reasons and remitted the case for rehearing before a differently constituted panel.
McMullen, R. v [2025] EWCA Crim 1112 (29 July 2025)
The Court of Appeal refused leave to refer an unduly lenient sentence challenge, holding that a three-year conditional discharge was within discretion because of exceptional circumstances and delay.
Miah, R. v [2025] EWCA Crim 1100 (08 July 2025)
The Court of Appeal allowed a sentence appeal in a domestic abuse case, quashed detention for non-fatal strangulation and imposed concurrent two-year conditional discharges.
A First-tier Tribunal application under s.75(2) MHA is extinguished by recall to hospital under s.42(3), as the mandatory referral under s.75(1) provides effective judicial oversight, and the statutory scheme does not permit the application to survive recall.
Source excerpt
Hajdaraj, R. v [2025] EWCA Crim 443 (12 March 2025)
The Court of Appeal quashed a community order for cannabis production after finding it manifestly excessive given the appellant’s substantial remand and curfew time.
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