Reynolds, R. v

Where a hospital order may be available for an offender with a mental disorder, the court must assess the need for treatment, the disorder’s contribution to the offending, the need for punishment, and public protection under the applicable release regime. Medical opinion does not determine the disposal. A Mental Health Act 1983 section 45A hospital and limitation direction must be considered before a section 37 and section 41 order, but it is not automatic. A penal element remains appropriate where serious offending and retained culpability require punishment, provided the resulting regime adequately protects the public.

The appellant pleaded guilty in the Crown Court at Warwick to 13 sexual offences. They included creating indecent images of children, causing or inciting children to engage in sexual activity, causing a person to engage in sexual activity without consent, and blackmail. He had used false online identities and threats to obtain indecent material and compel further sexual acts.

On 2 July 2018, the Crown Court imposed a total of 15 years’ imprisonment with hospital and limitation directions under section 45A of the Mental Health Act 1983, restrictions, and a Sexual Harm Prevention Order. The appeal challenged totality, mitigation for mental disorder, and the choice of a section 45A disposal rather than a section 37 and section 41 hospital and restriction order. It also exposed an error in calculating guilty-plea credit.

1. Appeal allowed in part. The court substituted a total sentence of 14 years’ imprisonment. It upheld the hospital and limitation directions under section 45A of the Mental Health Act 1983 and left the remaining orders in force.
2. The applicable approach was that in R v Vowles [2015] EWCA Crim 45 and R v Edwards [2018] EWCA Crim 595. The sentencing court had to consider the need for treatment, the extent to which the offending was attributable to mental disorder, the need for punishment, and public protection, including the release regime. Psychiatric recommendations were relevant but not determinative.
3. The appellant required prolonged treatment and his conditions had contributed to his offending. However, the court rejected the revised expert opinion that the offending was substantially attributable to mental disorder. The appellant understood his conduct and its harmful consequences. His sustained, calculated and manipulative conduct showed significant retained culpability. The gravity of the offences therefore required punishment.
4. The court considered the consequences of a determinate section 45A direction. Although remittal to prison could harm the appellant’s mental health, there was no realistic prospect that he would return to prison before sentence expiry. He would receive many years of psychiatric treatment, would remain subject to a Sexual Harm Prevention Order, and would have section 117 after-care. Those safeguards adequately addressed public protection.
5. The judge had correctly considered a section 45A disposal before a section 37 and section 41 order. There were no sound reasons to depart from a sentence with a penal element. The judge had, however, miscalculated a one-third guilty-plea reduction on count 10: 12 years should have reduced to eight, not nine, years. Correcting that error reduced the total from 15 to 14 years.

• Court of Appeal (Criminal Division) Allowed the appeal only to correct the guilty-plea calculation. The total sentence was reduced from 15 to 14 years, while the section 45A hospital and limitation directions under the Mental Health Act 1983 remained in force.
• Crown Court at Warwick On 2 July 2018, imposed 15 years’ imprisonment for 13 sexual offences, with section 45A hospital and limitation directions, restrictions, and a Sexual Harm Prevention Order.