‘It is widely recognised that mental health disorders may be relevant to sentencing. However, there is currently no definitive guideline that can be used in relation to the sentencing of offenders with mental health conditions and disorders. Although the Sentencing Council is currently working towards a definitive guideline that will set out overarching principles, draft guidelines should not be used by a sentencer (see, eg, Boakye [2013] 1 Cr App R (S) 2 and Connelly [2018] 1 Cr App R (S) 19). So where does that leave an offender facing sentencing who live with a mental disorder or learning difficulty where it may have a substantial impact?’
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Broadway House Chambers, 15th January 2020
Source: broadwayhouse.co.uk