R v Valdo Calocane
[2024] EWCA Crim 490
R v Joseph Hawkridge
3 November 2023
[2023] EWCA Crim 1288
Court of Appeal
A man with schizophrenia was given a suspended jail sentence for harassment. The court decided this was wrong because it didn't consider his mental health. His sentence was changed to a hospital order so he could get treatment.
Key Facts
- •Joseph Hawkridge pleaded guilty to harassment contrary to s. 2 of the Protection from Harassment Act 1967.
- •He was sentenced to 8 weeks' imprisonment, suspended for 12 months, with a restraining order.
- •Hawkridge has a history of mental illness, including schizophrenia.
- •He was detained as an in-patient at Cygnet Hospital under section 3 of the Mental Health Act 1983 (MHA).
- •A psychiatric report was prepared before sentencing, recommending a Community Treatment Order (CTO).
- •The sentencing judge did not adjourn for a further medical report and imposed the suspended sentence.
- •The appeal argued the judge failed to consider a mental health disposal (s. 37 MHA) and the effects of a custodial sentence on Hawkridge's mental health.
- •Two further psychiatric reports were provided during the appeal, recommending a section 37 hospital order.
Legal Principles
Sentencing courts must consider the likely effect of a custodial sentence on an offender's mental condition and available treatment (s. 232 Sentencing Act 2020).
Sentencing Act 2020, s. 232
A court may make a Hospital Order (s. 37 MHA) if the offender has a mental disorder making hospital detention appropriate, and appropriate treatment is available.
Mental Health Act 1983, s. 37
A Hospital Order under s. 37 MHA supersedes a civil section under s. 3 MHA.
Mental Health Act 1983, s. 40(5)
The purposes of sentencing (punishment, crime reduction, reform, public protection, reparation) do not apply to hospital orders (s. 57 Sentencing Act 2020).
Sentencing Act 2020, s. 57
Outcomes
The appeal was allowed.
The sentencing judge failed to comply with the mandatory requirement under s. 232 of the Sentencing Act 2020 to consider the likely effect of a custodial sentence on Hawkridge's mental condition.
The original sentence was set aside.
A custodial sentence, even suspended, was inappropriate given Hawkridge's need for hospital detention and the risk of conflicting regimes.
A section 37 Hospital Order was imposed.
Based on the evidence from two psychiatric reports and oral evidence, a hospital order was the most appropriate disposal.