Does anyone know if an offender sentenced to a Section 45a order after a homicide is eligible for early release on completion of half his tariff?
Are there any sources/guidelines on this?
I’ve never heard of that and don’t imagine it’s true. Where did you hear it? If you could provide more details then maybe we can work it out. There might be some terminology confusion! If he got a determinate sentence for manslaughter then he’d become an unrestricted patient on his release date (or would just be released if he’d been returned to prison before that date).
The reports are contradictory - the Domestic Homicide Review stated
In light of his early plea he was sentenced to life imprisonment with a minimum term of 16 years. The judge was satisfied that he was suffering from a mental disorder and imposed a Section 41 Restriction Order under the Mental Health Act 1983 whereby he would be held in a secure mental health hospital to receive treatment until such time as this was complete. He would then be transferred to prison to serve the rest of his sentence before being judged suitable for release.
I suspect this might be inaccurate.
A BBC report stated:
H was cleared of murder but admitted, and was sentenced, for manslaughter by diminished responsibility at Crown Court today. H will serve the start of the sentence in a secure hospital where he will receive treatment for his disorders.
If the treatment works he will be transferred to prison to continue his sentence until a parole board deems him fit for release.
which very much sounds like a Section 45a to me.
The offence happened in December 2015, he was convicted and sentenced in 2016, and the victim’s family has now been told he is due for release in December 2023 (which is eight years or half of his tariff).
I understand from the Sentencing Council, that :
Offenders sentenced to four years or more for some serious violent or sexual offences will be released at the two-thirds point. For other offences the release point will be at the halfway point.
This must be a mistake surely?
By the sounds of it he was given a determinate sentence of 16 years, not a life sentence at all, so never had a tariff or minimum term, and went to prison after an initial period in hospital after sentencing. The release provisions change over time, and apply differently in different cases, but as his release date is in December 2023 I guess that he had been on remand since December 2015 and that his release date is at the half-way point. He’ll be on licence for the other half, unless he gets recalled.