00:00If you are ever released into the community, you will be carefully monitored by psychiatric services.
00:06Any deterioration in your mental condition, which is the sole driver of your risk to others,
00:12would lead to a prompt recall to hospital which would be within hours.
00:16This is of particular importance, given your rapid deterioration in October last year
00:22and the terrible consequences of it.
00:25Were I to make a hybrid order, pursuant to Section 45A of the Act,
00:31should you be released, a probation officer would monitor your risk in the community.
00:35You would be subject to licence conditions, but these could not include adherence to your antipsychotic medication.
00:43Furthermore, unlike the powers of a Section 41 restriction order,
00:47a probation officer cannot compel ongoing adherence to psychiatric treatment.
00:53Were you to stop such treatment, your risk of serious harm would rapidly increase,
00:58but you could not be recalled to prison unless you had breached a licence condition or committed an offence.
01:04A higher threshold of risk would therefore have to be met before you could be recalled.
01:0928-year-old Afghan refugee Dalwood Safi fatally stabbed 49-year-old Wayne Broadhurst in the streets during a knife
01:18rampage
01:19that started at his home in Oxbridge on 27th October last year.
01:24Minutes before killing Mr Broadhurst, Safi had attacked his landlord,
01:29while gripped by paranoid delusions and hearing voices in his head.
01:33Safi, who also stabbed a 14-year-old boy during the rampage,
01:38was described as looking possessed as the incident unfolded.
01:42Sov at Crown Court heard how he was smuggled into the UK on the back of a lorry in 2020,
01:49had suffered a collapse in his mental health in the days before the stabbings,
01:52and was suffering delusions that his family was conspiring against him.
01:56On Monday, the judge ordered that Safi be held indefinitely in a secure hospital to receive mental health treatment
02:04after finding he was in a psychotic state at the time of the stabbings.
02:09A breakdown in your mental health may not be so quickly recognised,
02:13and recalled to prison and subsequent transfer to hospital may take some time.
02:17The Section 3741 regime avoids situations in which the risk you pose increases,
02:25or your mental condition worsens because of those delays.
02:29Although it is possible in law for a Section 41 restriction order to be absolutely discharged,
02:35Dr Carthy considers that extremely unlikely, given the gravity of your offending.
02:41A Section 41 restriction, and the ability to recall you to hospital,
02:45will in all likelihood always be required. It is life-long.
02:51For these reasons, I do not consider that a sentence of imprisonment enhances the protection of the public.
