A finding of special circumstances under the Crimes (Sentencing Procedure) Act 1999 is irrelevant when fixing a limiting term under s 23 of the Mental Health (Forensic Provisions) Act 1990. When sentencing mentally ill offenders, serious mental illness must not be allowed to overwhelm appropriate consideration of the circumstances of the offence; the Mental Health Review Tribunal addresses the offender's particular difficulties and may release the offender before the limiting term expires.
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