What's Going On In Nottingham?

Author
Discussion

Unreal

3,422 posts

26 months

Friday 26th January
quotequote all
In my admittedly peripheral experience it can be a lot harder to get out when under a mental health order than prison, whole life tariffs being an obvious exception. I'm not saying this guy has played the system but those that do try the mental health card can find a straight guilty plea would have seen them out sooner.

FiF

44,144 posts

252 months

Hugo Stiglitz

37,171 posts

212 months

Friday 26th January
quotequote all
durbster said:
mac96 said:
oddman said:
For those who are struggling to understand the decisions made in regard to whether he had criminal responsibility for the offences and the rationale for a hospital order, the Judge's sentencing remarks can be found here

To me these remarks are a model of clarity and compassion - well worth reading beyond the headlines to get a greater understanding of the hows and whys of dealing with these difficult cases.
Thanks for posting that, very interesting.

It may be obvious, but I didn't know that a huge downside of a prison sentence would be the prospect of eventual release into the supervision of the Probation Service who would naturally be totally unqualified to asses his mental state and spot signs of deterioration. So meaning that reoffending would be more likely .
Yeah, I'd echo that. Thanks for posting the Judge's remarks. Well worth reading before forming an opinion on the verdict.
Which for me, forms why the judgement fails as it is merely paying lip service to the many victims and fails to protect (or put in place) protective orders to prevent what will be an extremely dangerous offender who has killed and will kill again.

I sincerely hope the sentence is appealed and is successful to protect any future victims.

Let's not forget if he is released any mental health service staff that deals with him will be in real danger.

MrBogSmith

2,138 posts

35 months

Friday 26th January
quotequote all
FiF said:
"Hey guys, even though it'll never happen, here's what the law theoretically says. Shall I write it as a headline to get it shared and funnel traffic to our paid service landing page?"




Mrr T

12,256 posts

266 months

Friday 26th January
quotequote all

FiF said:
Normal modern DT click hate for the frothers. I assume an initial review after 3 years is standard. Cannot see any medical professional letting him out after 3 years.


Hugo Stiglitz said:
Which for me, forms why the judgement fails as it is merely paying lip service to the many victims and fails to protect (or put in place) protective orders to prevent what will be an extremely dangerous offender who has killed and will kill again.

I sincerely hope the sentence is appealed and is successful to protect any future victims.

Let's not forget if he is released any mental health service staff that deals with him will be in real danger.
Except the judge has no right to put in the judgement any provisions on his future care. He will now be held in a secure unit. A judge has no expertise in his condition of his potential for treatment. So can make no recommendations that's for the professionals

turbobloke

104,024 posts

261 months

Friday 26th January
quotequote all
Mrr T said:
FiF said:
Normal modern DT click hate for the frothers. I assume an initial review after 3 years is standard. Cannot see any medical professional letting him out after 3 years.
A bizarre reaction to a newspaper passing on news from the Attorney General's office in a timely fashion. It's in The Guardian for leftie frothers, with an added Starmer mention giving increased reader self-righteousness.

https://www.theguardian.com/uk-news/2024/jan/26/no...

Hugo Stiglitz

37,171 posts

212 months

Friday 26th January
quotequote all
Mrr T said:
FiF said:
Normal modern DT click hate for the frothers. I assume an initial review after 3 years is standard. Cannot see any medical professional letting him out after 3 years.


Hugo Stiglitz said:
Which for me, forms why the judgement fails as it is merely paying lip service to the many victims and fails to protect (or put in place) protective orders to prevent what will be an extremely dangerous offender who has killed and will kill again.

I sincerely hope the sentence is appealed and is successful to protect any future victims.

Let's not forget if he is released any mental health service staff that deals with him will be in real danger.
Except the judge has no right to put in the judgement any provisions on his future care. He will now be held in a secure unit. A judge has no expertise in his condition of his potential for treatment. So can make no recommendations that's for the professionals
Yet the Judge missed out some key legislation where the offender could serve the rest of his sentence in a prison if deemed to have capacity earlier.



Mrr T

12,256 posts

266 months

Saturday 27th January
quotequote all
Hugo Stiglitz said:
Mrr T said:
FiF said:
Normal modern DT click hate for the frothers. I assume an initial review after 3 years is standard. Cannot see any medical professional letting him out after 3 years.


Hugo Stiglitz said:
Which for me, forms why the judgement fails as it is merely paying lip service to the many victims and fails to protect (or put in place) protective orders to prevent what will be an extremely dangerous offender who has killed and will kill again.

I sincerely hope the sentence is appealed and is successful to protect any future victims.

Let's not forget if he is released any mental health service staff that deals with him will be in real danger.
Except the judge has no right to put in the judgement any provisions on his future care. He will now be held in a secure unit. A judge has no expertise in his condition of his potential for treatment. So can make no recommendations that's for the professionals
Yet the Judge missed out some key legislation where the offender could serve the rest of his sentence in a prison if deemed to have capacity earlier.
The Sentencing Council guide lines suggest otherwise.

https://www.sentencingcouncil.org.uk/offences/crow...

gt_12345

1,873 posts

36 months

Saturday 27th January
quotequote all
MrBogSmith said:
Anyone can ask for the sentence to be reviewed under the UL scheme.

The UL scheme, as I understand it and as someone who used it resulting in a sentence increase, is to correct incorrect sentences. I'm not sure it can change the fundamental offences.

Therefore I don't see how anyone can conclude this isn't correct given evidence provided from the 5 expert witnesses.

119 said:
MrBogSmith said:
Square Leg said:
Not a big surprise given his MH history.

I suspect he'll be detained indefinitely.
Un fking believable.

This country is shot to st.
I assume this isn't a parody post given the nature of the topic.

This isn't something new across criminal justice systems across the world. It's long been acknowledged that that some people may not have the capacity to go down the usual route of a normal prison.

If the evidence leads to a conclusion of severe-enough mental health issues (it's a very high threshold, despite that people have implied here), then that's the appropriate route to take.

It may, understandably, not be a satisfactory outcome for the family, but we either have the option to place extremely dangerous, seriously mentally ill offenders in secure hospitals / facilities, or not. And if we do, which we do, then they will be used.

gt_12345 said:
Every criminal has a mental illness if you look hard enough.

Should we stop jailing people because they're narcissists?
No, this isn't something new.

It's been in its modern form, IIRC, since 1957.
Your reply to my message doesn't make sense.

I'm saying most criminals have some mental illness, so none should go to prison??

MrBogSmith

2,138 posts

35 months

Saturday 27th January
quotequote all
gt_12345 said:
Your reply to my message doesn't make sense.

I'm saying most criminals have some mental illness, so none should go to prison??
Sorry if I wasn't clear.

They do, but it's about the magnitude of the mental illness and the legal thresholds.

Most people, both criminal and not, who have MH issues have capacity to make and understand their decisions.

A small minority of people have such severe mental health issues / illness, that they don't have the capacity to make decisions / understand what they are doing.

The law has a high threshold for this to be satisfied and only a small minority of people are sentenced to be detained in secure hospitals rather than prison.

The points I am trying to make is this isn't anything new, it's not a flippant / common decision the courts make, and there's not a 'mental health' card that criminals can easily 'play' in order to be detained in a hospital rather than prison. Indeed, most people who try to raise these partial defences (diminshed responsibility etc ) fail.


ajap1979

8,014 posts

188 months

Saturday 27th January
quotequote all
Louis Balfour said:
I seem to recall that Earthdweller IS plod.
Wow. That’s a little worrying.

oddman

2,344 posts

253 months

Saturday 27th January
quotequote all
ajap1979 said:
Louis Balfour said:
I seem to recall that Earthdweller IS plod.
Wow. That’s a little worrying.
Depends on your expectations.

The cerebral pole of the criminal justice system is demonstrated by the cogent sentencing remarks of the Judge which I posted upthread.

turbobloke

104,024 posts

261 months

Saturday 27th January
quotequote all
oddman said:
ajap1979 said:
Louis Balfour said:
I seem to recall that Earthdweller IS plod.
Wow. That’s a little worrying.
Depends on your expectations.

The cerebral pole of the criminal justice system is demonstrated by the cogent sentencing remarks of the Judge which I posted upthread.
Agreed, it was well constructed and crystal clear - however, errors of omission would be extremely difficult, at best, for laypersons to spot.

JuanCarlosFandango

7,806 posts

72 months

Saturday 27th January
quotequote all
I'm not sure what's so impressive about the judge's reasoning. He seems to have gone down a psychiatric rabbit hole and lost sight of the fact that this is a violent maniac who randomly killed innocent people in the street. Of course he had mental health problems. It seems a bit redundant to say it. Let alone at such length. He can be cured, managed or taken out and shot for all I care, he should never see the light of day again.

NDA

21,618 posts

226 months

Sunday 28th January
quotequote all
XCP said:
Perhaps a lawyer could explain how he can plead guilty to attempted murder ( using the van) but not be capable of forming the necessary intent for the substantive offence ( the knife attacks)?
I've wondered about this too.

Hugo Stiglitz

37,171 posts

212 months

Sunday 28th January
quotequote all
Mrr T said:
Hugo Stiglitz said:
Mrr T said:
FiF said:
Normal modern DT click hate for the frothers. I assume an initial review after 3 years is standard. Cannot see any medical professional letting him out after 3 years.


Hugo Stiglitz said:
Which for me, forms why the judgement fails as it is merely paying lip service to the many victims and fails to protect (or put in place) protective orders to prevent what will be an extremely dangerous offender who has killed and will kill again.

I sincerely hope the sentence is appealed and is successful to protect any future victims.

Let's not forget if he is released any mental health service staff that deals with him will be in real danger.
Except the judge has no right to put in the judgement any provisions on his future care. He will now be held in a secure unit. A judge has no expertise in his condition of his potential for treatment. So can make no recommendations that's for the professionals
Yet the Judge missed out some key legislation where the offender could serve the rest of his sentence in a prison if deemed to have capacity earlier.
The Sentencing Council guide lines suggest otherwise.

https://www.sentencingcouncil.org.uk/offences/crow...
Let's wait for the sentencing to be appealed.

I question whether he was just mad or both mad and bad. When he was caught he suddenly had the clarity to give him self up to force. Whereas when there was no threat to himself (unarmed targets) he used insanity defence. The clarity was selective for self preservation.

FiF

44,144 posts

252 months

Sunday 28th January
quotequote all
Hugo Stiglitz said:
Mrr T said:
Hugo Stiglitz said:
Mrr T said:
FiF said:
Normal modern DT click hate for the frothers. I assume an initial review after 3 years is standard. Cannot see any medical professional letting him out after 3 years.


Hugo Stiglitz said:
Which for me, forms why the judgement fails as it is merely paying lip service to the many victims and fails to protect (or put in place) protective orders to prevent what will be an extremely dangerous offender who has killed and will kill again.

I sincerely hope the sentence is appealed and is successful to protect any future victims.

Let's not forget if he is released any mental health service staff that deals with him will be in real danger.
Except the judge has no right to put in the judgement any provisions on his future care. He will now be held in a secure unit. A judge has no expertise in his condition of his potential for treatment. So can make no recommendations that's for the professionals
Yet the Judge missed out some key legislation where the offender could serve the rest of his sentence in a prison if deemed to have capacity earlier.
The Sentencing Council guide lines suggest otherwise.

https://www.sentencingcouncil.org.uk/offences/crow...
Let's wait for the sentencing to be appealed.

I question whether he was just mad or both mad and bad. When he was caught he suddenly had the clarity to give him self up to force. Whereas when there was no threat to himself (unarmed targets) he used insanity defence. The clarity was selective for self preservation.
We shall see, people seem to be ignoring the parts of his assessments which are clearly saying "he was not insane at the time of the index offences" and to paraphrase 'yes he was disturbed but fully knew what he was doing was wrong, but did it anyway.'

Regardless of the above do we have any confidence, looking at the previous track records of him and various authorities that in the probably very remote event of a future positive assessment that on release or even temporary trial outings that monitoring would be sufficient?

Clearly a difficult one but opinions may vary. Btw I've sat in court and listened to a "It woz the voices in me 'ead guvnor" attempt at a defence.

FiF

44,144 posts

252 months

Tuesday 20th February
quotequote all
Attorney General ordered Court of Appeal to review sentence on grounds of "unduly lenient". Not my words there.

bitchstewie

51,408 posts

211 months

Tuesday 20th February
quotequote all
Be interesting to see whether it gets changed by the judges who review it.