Question to the Ministry of Justice:

To ask His Majesty's Government what assessment they have made of whether it is generally understood by the public that individuals who are found guilty of manslaughter by reason of diminished responsibility can be sentenced to hospital rather than prison

Guidelines for sentencing for manslaughter by reason of diminished responsibility are publicly available and published here: Manslaughter by reason of diminished responsibility – Sentencing.

The guideline on sentencing offenders with mental disorders, developmental disorders, or neurological impairments outlines the criteria for sentencing someone to a hospital order under s.37 or hospital and limitation direction under s45A of the Mental Health Act 1983. These guidelines are also publicly accessible.

All guidelines are subject to wide public consultation, generally over a 12-week period. The Sentencing Council monitors and evaluates all definitive guidelines, as per its statutory duty to do so. The assessment covers the operation and effect of the guideline.

In order to be detained under these sections, the offender must be suffering from a mental disorder of a nature or degree which makes it appropriate for the offender to be detained in a hospital for medical treatment, and appropriate treatment is available.