R v Jaswant Singh Chail

On Christmas Day 2021, Jaswant Singh Chail (then aged 18) was arrested in a private part of the grounds of Windsor Castle in possession of a loaded crossbow. This part of the castle and grounds is never open to the general public. 

In February 2023, Chail pleaded guilty to three offeices - 

1) - Attempting to injure or alarm the Sovereign on 25th December 2021, contrary to section 2 of the Treason Act 1842. The maximum penalty for this offence is 7 years’ imprisonment. 

2) - Having an offensive weapon, contrary to section 1 of the Prevention of Crime Act 1953. The maximum penalty for this offence is 4 years’ imprisonment. 

3) - Making threats to kill, contrary to section 16 of the Offences Against the Person Act 1861. The maximum penalty for this offence is 10 years’ imprisonment. 

On 5 October 2023, Chail came before Mr Justice Hilliard for sentencing.

On Count 1 - 44 months’ imprisonment. 

On Count 2 - 16 months’ imprisonment. 

On Count 3 - 48 months’ imprisonment, with an extended licence period of 5 years. 

The total sentences amount to 9 years’ custody with a further licence period of 5 years.

Sentencing Remarks have been published - R -v- Chail - Courts and Tribunals Judiciary

These are of particular legal interest because

of the application by the judge of the Mental Health Act 1983 including the making of directions under section 45A (Power of higher courts to make hospital admission) - usually referred to as a "Hybrid Order".

A full reading of the 18 pages of the sentencing remarks informs us of the psychiatric evidence available to the judge. 

The judge also shows - at para 109 - that he was concerned with the eventual release of the defendant from custody. The judge said - " I am satisfied that on the defendant’s anticipated release from custody, the particular circumstances of the case and its gravity are such that his state of mental health and the arrangements to monitor him are likely to receive the most careful attention." ... and later ... "Conditions can be attached to any grant of a parole licence. It is likely that any community monitoring process would involve Multi Agency Public Protection Arrangements."

It was accepted by the defence that the defendant poses a future risk of the kind that justifies an extended sentence on Count 3 and the imposition of a further licence period, pursuant to sections 279 and 280 of the Sentencing Act 2020. The judge considered that this concession was rightly made. "At its simplest, the defendant harboured homicidal thoughts which he acted upon before he became psychotic. There is a significant risk to members of the public of serious harm occasioned by the commission by the defendant of further specified offences."  (Sentencing remarks at para 110).