In July 2009, our client was sentenced to an IPP for an offence of robbery. Despite his long-standing mental health issues, he was given a custodial sentence rather than a Hospital Order. Over time, his condition deteriorated, and he was subsequently transferred to hospital under Section 47/49 of the Mental Health Act for specialist treatment.
His initial appeal was unsuccessful, with the Court of Appeal upholding the original sentence. He then attempted to appeal to the CCRC independently but was unsuccessful. With the need for specialist legal representation, he then instructed GT Stewart to assist with his case.
Our team carried out a thorough review of his history, obtaining further psychiatric evidence that highlighted serious concerns regarding the original sentencing decision. We presented detailed representations to the CCRC, arguing that, given his significant mental health issues, a Hospital Order should have been imposed instead of an IPP.
After carefully reviewing the new evidence, the CCRC has now determined that there is a real possibility that the Court of Appeal will substitute the sentence. As a result, they have referred the case back for reconsideration.
Our client was represented by Julie Ann Boyle.
