Sentencing & The Mental Health Act

Introduction

This webinar will explore the connection between the Mental Health Act and sentencing for offences.

The webinar will consider the sentencing options for clients that are deemed ‘fit to plead’ under the Pritchard test, the sentencing guidelines and the various non-custodial (hospital) orders and hybrid orders under the Mental Health Act.

What You Will Learn

This webinar will cover the following:

• The Pritchard Test and Fitness to Plead
• Is the test in R v Pritchard outdated for a modern day understanding of Mental Health conditions?
• Comparison with the test for capacity used in Court of Protection proceedings
• The Mental Health Sentencing Guidelines
• Use of an anonymised case example to demonstrate the interweaving of submissions for both an offence guideline and the ‘Sentencing Offenders with Mental Disorders, Developmental Disorders or Neurological Impairments’ which came into force October 2020
• Sections 37, 41 and 45A MHA 1983
• The requirements for each order to be made
• How long the orders endure for
• How they come to an end
• The importance of contact with hospital staff/consultants if the defendant is sectioned
• The importance of a sentencing note for the judge and carefully setting out your position in relation to the reports
• Case Law
• Practical tips

This webinar was recorded on 23rd June 2022