Guidance as to the extent to which, on an appeal against sentence, the Court of Appeal can substitute for a standard determinate sentence either a special custodial sentence for offenders of particular concern, under section 236A of the Criminal Justice Act 2003, or an extended sentence, under section 226A of the 2003 Act, or a hospital order with restriction or hybrid order, under sections 37 and 41 or 45A of the Mental Health Act 1983, which does not deal with a defendant more severely than he was dealt with by the court below, as required by section 11(3) of the Criminal Appeal Act 1968 (paras 1, 3–9, 10, 15, 16, 17, 23)
Guidance as to whether, if the court imposes consecutive extended sentences, it is possible to order extension periods also to run consecutively, thereby increasing the potential licence period beyond the specified maxima (paras 2, 24, 27, 29).
Brendan Carville (assigned by the Registrar of Criminal Appeals) for the defendant in the first case.
Siobhan Molloy (assigned by the Registrar of Criminal Appeals) for the defendant in the second case.
Robert Banks (assigned by the Registrar of Criminal Appeals) for the defendant in the third case.
Sam Robinson and Isabel Wilson (assigned by the Registrar of Criminal Appeals) for the defendant in the fourth case.
Jonathan Polnay (instructed by the Crown Prosecution Service, Appeals Unit) for the Crown.