MURDER, DIMINISHED RESPONSIBILITY, SECURE HOSPITALS AND DEMOCRATIC PARADOX

In the last couple of years this country has seen what at first glance appears to be an almost monthly number of convicted murderers having their crimes reduced to that of manslaughter by diminished responsibility and sentenced to time in a secure psychiatric hospital such institutions known to my generation colloquially as loonie bins. With ever more frequent live television of the sentencing of such offenders the question arises whether or not there is a causal relationship between such killings and the closure of aforesaid psychiatric hospital beds. 

A case which still makes news sources is that of Valdo Calocane who killed three people and attempted to kill three others in Nottingham in June 2023. Although initially charged with murder the prosecution accepted his guilty pleas to manslaughter based on diminished responsibility. This decision was supported by four psychiatrists who concluded he was suffering from paranoid schizophrenia which impaired his ability to make rational judgments and exercise self-control. Calocane received an indefinite Hospital Order instead of a prison sentence.  That decision sparked public outrage and calls for reviews of homicide laws.

In October 2024 David Gower pleaded guilty to the manslaughter of his wife, Jane Gower, by reason of diminished responsibility. The recognised medical condition was a moderate depressive disorder. Given strong personal mitigation his age and ill health he was sentenced to one year and eight months' imprisonment, suspended for two years.

Barry Donnelly (Court of Appeal ruling January 2025): While this case was an appeal regarding sentencing length the initial conviction was for manslaughter on the grounds of diminished responsibility due to schizophrenia. The Court of Appeal provided guidance on sentencing for such cases and dismissed the appeal finding the nine-year minimum term was not excessive.

A final example of recent cases of diminished responsibility being reversed in murder convictions is that of Shaine March.  He murdered his pregnant girlfriend Alana Odysseos in July 2024. He initially admitted manslaughter on the basis of diminished responsibility but during his trial an expert withdrew their support for the claim and he subsequently admitted murder and was sentenced to life imprisonment. This case illustrates a situation where the defence was initially pursued but ultimately not accepted.

In those cases above and others similar including perhaps those in the headlines this week it is not outlandish to consider whether the closure of secure hospitals begun in 1979 and the corresponding increase in the numbers of those with severe mental problems on the streets has any relationship with the numbers of  random killings of innocent victims unknown to their assailants.  

The sentencing guideline for judges in such matters is here.  Hard statistics are just not available to consider directly whether the reduction of psychiatric beds is in any way related to those who are committed under the legislation.  As at 31 December 2020 there were 7,796 restricted patients in England & Wales.  In 1979 there were in England 88,425 available staffed mental hospital beds.  In 1987/88 there were 67,100 mental health beds falling to about 18,400 in 2018/19; a fall of roughly 73% in that period. 

England currently has three high-security hospitals, Broadmoor, Ashworth and Rampton.  These three hospitals have a combined accommodation of approaching 800 beds.  Whether or not there is a direct relationship between the reduced accommodation for seriously affected psychiatric patients/offenders and those committing serious crimes is not immediately discernible.  It appears that there are so many sources involved that it would take highly qualified researchers with access to perhaps dozens of sources and millions of bits of information to come to a possible conclusion.  My rule of thumb by a very basic read through indicates that there were the following cases of  murder being reduced to manslaughter by reason of diminished responsibility for selected years as below 

 2006: ≈ 32

2008: ≈ 36

2014: 23 (Sentencing Council reported value / sample)

2016:  ≈ 24

From the above a cynic might argue that with regard to those who for no apparent logical reason enter upon a killing spree our governments have and had literally no knowledge as to the causation and in particular that their own policies have contributed to the current situation. We hear almost daily about victims.  They are the unfortunate results of a country driven by its governors spending tax payers` taxes on aftercare and overlooking pre care. As in other societal aspects research on so many subjects is sacrificed to cosseting those who choose to spend their £ on TV contracts, gambling, holidays and other ancillary examples of their self defined entitled lifestyle.  

The disturbing conclusion is that perhaps our form of democratic government can no longer be relied upon to deliver that which is best for the majority of the population. The current Cabinet has made it quite obvious that its prime purpose is to be re-elected; a target which many within have realised is unobtainable. That same venerable cynic might suggest that faith in our leaders has hit the nadir. During his campaign for the Labour leadership in 2020 Keir Starmer indicated a desire for electoral reform and a move toward proportional representation (PR) saying that the current First Past the Post (FPTP) system caused millions of votes to be wasted and that this "has got to be addressed".  Then it suited his purpose to say that but how times have changed. In the run-up to the 2024 general election and after becoming Prime Minister he explicitly stated that electoral reform was "not a priority for me" and that Labour would contest the election under the existing FPTP system. Last year he also indicated that FPTP was "the right system" as it provides a strong and stable government. 

The debacle that has become our justice system with all the ramifications for all of us is the thin edge of a very large wedge in the shape of Marxists, Greens, Fascists and Islamists in a combined diabolical journey pushing at the boundaries of our very democracy. The timing of the democratic paradox is fast approaching when the will of the majority collides with individual rights and non democratic means must be employed to protect those rights.