There was no reason to quash a discretionary life sentence with a hospital and limitation direction under the Mental Health Act 1983 s.45A, and to substitute for it a hospital order under s.37 and s.41 of the Act where the offender, who had pleaded guilty to manslaughter by reason of diminished responsibility and had been diagnosed with a pathological borderline personality disorder, had been later diagnosed with a mental illness also. A s.45A order did not, by its terms, preclude its application in cases where the offender suffered from both, and gave a better measure of control without impeding the offender's treatment.

[2006] EWCA Crim 15

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