H, R v

Under section 82A of the Powers of Criminal Courts (Sentencing) Act 2000, a judge imposing a discretionary life sentence should specify a minimum term unless the offence, viewed without regard to public protection, requires detention for life for punitive and retributive purposes. That is a very exceptional case. Serious continuing risk, and the appropriateness of a hospital direction under section 45A of the Mental Health Act 1985, do not themselves justify withholding a minimum term. A specified period does not entail release: release remains for the Parole Board, advised by medical evidence.

The applicant pleaded guilty at Bristol Crown Court to attempted murder, attempted rape and indecent assault following a serious sexual and knife attack on a woman he had met that day.

Psychiatric evidence diagnosed paranoid schizophrenia and probable personality disorder. Hallett J imposed concurrent discretionary life sentences and a section 45A hospital direction, but specified no minimum term. After treatment, the applicant was returned to prison and was treated as subject to a whole-life tariff.

The Registrar referred the matter. The sole issue before the Court of Appeal was whether a minimum term should have been specified under section 82A of the Powers of Criminal Courts (Sentencing) Act 2000.

1. Appeal allowed. The court granted leave to appeal on the minimum-term issue and varied the sentence by specifying a period of nine years, less one year, five months and ten days spent on remand.
2. The concurrent life sentences and the section 45A order under the Mental Health Act 1985 were plainly correct. The medical evidence established both serious mental disorder and a continuing serious risk to the public. The court treated the sentencing judge’s conclusion as consistent with Drew [2003] UKHL 25 and Staines [2006] EWCA Crim 15.
3. Section 82A(4) of the Powers of Criminal Courts (Sentencing) Act 2000 gave the court a discretion not to specify a period. Read with paragraph 3 of the Practice Direction (Crime: Life Sentences), that discretion was confined to the very exceptional case where the seriousness of the offending alone justified detention for life. Public protection and dangerousness were not part of that punitive and retributive inquiry.
4. Although the offending was of the utmost gravity, it did not require a whole-life period on punishment and retribution alone. Allowing for the guilty plea, the appropriate punitive and retributive term was 18 years. The period to be specified was therefore one half of that term.
5. The court emphasised that the specified period did not mean that the applicant would be released at its expiry. Release remained a matter for the Parole Board, informed by medical advice, and the applicant might never be released.

• Court of Appeal (Criminal Division): In [2007] EWCA Crim 2559, the court granted leave to appeal and specified a minimum term, while leaving the concurrent life sentences and section 45A hospital direction in place.
• Crown Court at Bristol: On 23 September 2002, Hallett J imposed concurrent life sentences and a section 45A order, but made no minimum-term order.