Hybrid orders & section 45A of the Mental Health Act 1983: recent developments – 6KBW College Hill

Posted April 25th, 2024 in chambers articles, hospital orders, mental health, news, sentencing by sally

‘Section 45A of the Mental Health Act 1983 (“MHA”) was inserted by the Crime (Sentences) Act 1997. The idea behind it is that where an offender who suffers from a treatable mental disorder is before the Court, a hybrid sentence can be imposed. The offender is treated, and then in an appropriate case returned to prison to serve the rest of their sentence. If is they are still in hospital when the sentence expires, they remain in hospital, but unrestricted[1]. It came into force on the 1st October 1997.’

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6KBW College Hill, 24th March 2024

Source: blog.6kbw.com