— The appellant, a community psychiatric nurse at Dorset Healthcare NHS Foundation Trust, had been convicted of multiple sexual offences against a patient (who had attempted suicide after his threats to alter her health records in a way that might reduce her level of care). He appealed against some counts under s38(1) Sexual Offences Act 2003 ("Care workers: sexual activity with a person with a mental disorder") on the basis that the judge should not have decided that as a matter of law that he still met the statutory definition of care worker while on long-term sick leave. The Court of Appeal dismissed his appeal: abuse of a position of trust is the essence of the offence, and that abuse exists whether the sexual activity occurs on-shift or off-shift. His appeal against sentence (7 years' imprisonment, restraining order, SHPO) was also dismissed.
Full details available at: https://www.mentalhealthlaw.co.uk/R_v_Andrew_Culverwell_(2026)_EWCA_Crim_203?id=090326-2140