I have a client who is currently subject to 47/49. His RC has told me that he has had a previous patient who had his 47/49 converted to a 37/41. Does anyone have any experience or knowledge of this and if so what would be the process to follow?
The patient would need a criminal solicitor to take their case to the Court of Appeal who can convert the custodial sentence to a S.37/41 upon appeal.
A recent case for this is R v Surrey. They look at the case as it was when originally dealt with, so there must be a causative nexus between the offending and the patient’s mental disorder that went unnoticed or was overlooked for whatever reason.
The CoA quite recently endorsed their preference for a S.37/41 in a specific case as it would be more conducive to public safety due to the s.41 conditions.
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