Pump Court Chambers

Sian Beaven secures s.37 Hospital Order

News 6th May 2021
Siân Beaven

Sian Beaven, instructed by Alex Kenney of Kesar & Co solicitors, appeared before Isleworth Crown Court representing a severely vulnerable client, M.

The offence of robbery took place almost 2 years prior. Sian had conduct of the case from the first appearance in which fitness to plead issues arose due to the Defendant’s detention under section 3 of the Mental Health Act. While fit, M’s ongoing mental health conditions and detention in hospital throughout proceedings meant that a non-custodial disposal needed to be considered in this case.

Following the recommendation of two psychiatrists, Sian presented a comprehensive argument as to why s.37 was the most appropriate disposal, (along with the option for a Community Treatment and Supervision order upon discharge) as opposed to either a s.41 restriction or s.45A hybrid order. The judge was ultimately persuaded that, due to M’s positive progress with his treatment in hospital and complex diagnoses reducing his culpability, a departure from the imposition of a punitive element to sentencing, was appropriate.

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