In November of 2023, Mohammed Abbkr was found guilty at Birmingham Crown Court of two counts of attempted murder. The two attacks, one in Birmingham and one in London, involved the victims being burned after being soaked with a flammable liquid and ignited – absolutely horrific stuff and it may take years for the victims to recovery well from their injuries. I wish them well and this one resonated with me a lot because the Birmingham attack took place on the area I covered as a PC and both the victim and offender lived locally.
Back at Birmingham Crown Court for sentencing, Judge Melbourne Inman KC had to consider how to finalise this case and as I was listening to his remarks and his rationale for imposing a restricted hospital order, I was thinking this all sounds especially similar to the sentencing hearing for Valdo Calocane in Nottingham. It’s not that the incidents themselves are exactly similar – no two cases are – but the process applied by the judge rationalise whether a hybrid order or a restricted hospital order is suitable was very similar, given the illness and the risks involved with long-term detention for treatment and public protection.
So how best does a judge protect the public from someone who is guilty of serious criminal offences but who is mentally ill – what are the options and considerations?
PROTECTION OF THE PUBLIC
Well, the judge made extensive remarks about the effect of those orders – hospitalisation straight away, but some potential for transfer to prison once treated; or a restricted hospital order which means indefinite detention in hospital, potentially for the rest of his life, given the psychiatric evidence he may require treatment for the rest of his life.
“The protection of the public is at the forefront of my considerations. It’s clear from Dr Mirvis that it will be a very long time before you could be released in to the community, should that day ever arise.”
In the end, Mr Abbkr was sentenced to a restricted hospital order however, the judge made clear the relevant prison sentence, had he imposed one, would have been life imprisonment.
So why not impose the order which has a “punitive element”? – remember: this question is at the heart of the Attorney General’s referral of Valdo Calocane’s sentence to the Court of Appeal. Given the defendant is fully guilty of criminal offences here, why not have the necessary period in hospital followed by a transfer to the prison system for Parole Board considerations about release?
There are two main reasons –
- If that were the route taken, it would mean once transferred to prison, there is no legal mechanism to ensure Mr Abbkr continues to take medication for his illness and no release mechanism which ensures this, either and post-release supervision by the Probation Service.
- If the restricted hospital order route were taken, then it means release is subject to criminal justice oversight about public safety – a decision taken by the Secretary of State for Justice – but it then means the patient is given conditional discharge and supervised in the community by forensic mental health professionals.
So should there be a problem with any deterioration or raised risk if the defendant is ever released / discharged, the first route using the hybrid order means the patient cannot be just recalled to hospital for treatment – they could be revoked on licence and returned to prison, but if the real concern is deterioration about the man’s health, return to a secure hospital is the obviously preferred route for the judge’s primary purpose: “protection of the public”. If the route chosen now is the restricted hospital order, then the Ministry of Justice can issue a warrant 24/7 to recall the patient to hospital for that treatment, thereby protecting the public and and addressing the man’s healthcare requirements.
Yet again – the deliberations which live within our complex mental health laws laid bare in a Crown Court and yet again revealing: there are risks and problems with either approach.
NB: this is the latest in post about the terrible events in Nottingham, June 2023. You can find all the others collated on a specific Nottingham resources page along with other materials, inc reports and legal documents.
Winner of the President’s Medal, the Royal College of Psychiatrists.
Winner of the Mind Digital Media Award
All opinions expressed are my own – they do not represent the views of any organisation. (c) Michael Brown, 2024
I try to keep this blog up to date, but inevitably over time, amendments to the law as well as court rulings and other findings from inquests and complaints processes mean it is difficult to ensure all the articles and pages remain current. Please ensure you check all legal issues in particular and take appropriate professional advice where necessary.
Government legislation website – www.legislation.gov.uk
Mental Health Cop 