# Converting a ss47/49 to ss37/41

**URL:** <https://forum.mentalhealthlaw.co.uk/t/converting-a-ss47-49-to-ss37-41/2904>\
**Category:** Mental Health Act\
**Created:** [7 November 2024 15:37 UTC](https://forum.mentalhealthlaw.co.uk/t/converting-a-ss47-49-to-ss37-41/2904 "2024-11-07T15:37:23Z")\
**Posts on this page:** 2\
**Page:** 1

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**Author:** ![angec](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/a/49beb7/32.png) [@angec](https://forum.mentalhealthlaw.co.uk/u/angec)\
**Post date:** [7 November 2024 15:37 UTC](https://forum.mentalhealthlaw.co.uk/t/converting-a-ss47-49-to-ss37-41/2904/1 "2024-11-07T15:37:23Z")

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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?

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**Author:** ![ZacSussex](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/z/e8c25b/32.png) [@ZacSussex](https://forum.mentalhealthlaw.co.uk/u/ZacSussex)\
**Post date:** [7 November 2024 15:56 UTC](https://forum.mentalhealthlaw.co.uk/t/converting-a-ss47-49-to-ss37-41/2904/2 "2024-11-07T15:56:34Z")

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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](https://www.mentalhealthlaw.co.uk/R_v_Surrey_(2022)_EWCA_Crim_1379). 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.