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England and Wales decisions
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Section 38, by reference to section 42(3), encompasses care workers on sick leave, as the statutory wording and legislative purpose focus on the status of the offender and the abuse of trust, not contemporaneous performance of functions. The judge was correct to rule on this as a matter of law, and the convictions are not unsafe.
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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.
Singh, R. v (Rev1) [2025] EWCA Crim 1520 (20 November 2025)
The Court of Appeal reduced a murder minimum term after finding the case was correctly sentenced as murder for gain, but the judge should have allowed for mixed motives and mental disorder.
Aldrich, R. v [2025] EWCA Crim 1415 (21 October 2025)
The Court of Appeal upheld a 28-month sentence for arson, finding medium culpability was open on the evidence and the extreme harm justified a sentence beyond the guideline range.
The sentence, though lenient, was not unduly lenient and remained within the range properly open to the judge given the offender's mental disorder, immaturity, and other mitigating factors. Full credit for the guilty plea was appropriate as the offender pleaded at the first opportunity after learning of the manslaughter charge.
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Fresh medical evidence establishes that the appellant was suffering from schizophrenia and severe personality disorder at the time of the offence and sentencing, causally connected to the offending and treatable in hospital. The statutory requirements for a hospital order with restriction are met, and public safety can be managed under this regime. The original sentences of imprisonment are quashed and replaced with hospital orders under s.37/41 Mental Health Act 1983.
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The minimum term of 17 years was not manifestly excessive given the statutory starting point, aggravating features, and the judge's substantial reduction for mitigation. All relevant mitigating factors were considered, and additional evidence did not materially affect the outcome. The judge's rejection of the applicant's account of rape was justified and did not warrant further reduction.
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The hospital order under section 37 was not reasonably open to the judge due to lack of clear evidence of mental disorder and its link to the offence; the proper disposal was an extended determinate sentence within the ordinary sentencing framework, reflecting the seriousness of the offence and the need for public protection.
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Osmond v R. [2025] EWCA Crim 835 (04 July 2025)
The Court of Appeal quashed Damien Osmond’s IPP and burglary sentences and substituted a hospital order with restriction after fresh medical evidence showed schizophrenia and severe personality disorder.
Musgrove, R. v [2025] EWCA Crim 1202 (17 June 2025)
The Court of Appeal reduced Archie Musgrove’s sentence for multiple blackmail offences after finding the judge failed to properly engage with gambling disorder and neurodiversity in sentencing.
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