I have a client detained under Section 47/49.He was given a life sentence and then subsequently transferred to hospital.He was dealt with during Covid and all interactions with the barrister etc were over video.The RC feels that if he had been seen face to face and in the usual way he would have been given a section 37/41.I have contacted a couple of Criminal Solicitors to see if they will take it on but they are reluctant as they question funding.Wonder if anyone else has come across this.I think I saw a case about it somewhere.
Yes there’s a few cases where the Court of Appeal has replaced a custodial sentence with a hospital order (R v LV; R v Osmond [2025] EWCA Crim 835 - Mental Health Law Online; R v Jenkins [2025] EWCA Crim 1657 - Mental Health Law Online).
If the patient has not yet appealed to the CACD, they could make an “out of time” application. If they have already appealed and lost, I believe they would need to be referred by the CCRC.
You could enquire with Julie Ann Boyle (she did both Osmond and Jenkins above).