Summary Harrasment Setencing Magistrates Court

[Peacefulbutters]

Hi I was charged with harrasment in November, December 1st hearing and pre sentence report was completed
I must go Tuesday for setenecing
Guilty of Harrasment without violence (unwanted contact verbally)the victim school girl 16 yrs old it was a mistake

[Atheist]

Peacefulbutters;
What was your mistake? Wrong schoolgirl? Your comment was misunderstood by the 'survivor'?
If you're asking what your sentence might be, then I'm afaid I can't advise. I'm only replying to let you know that people here do read and reply. Perhaps someone here with more experience can give you better advice.

[New Judge]

At the earlier hearing, did the Magistrates give an indication of the sentence they were considering? Have you seen the contets of the pre-sentence report?

[Peacefulbutters]

I am actually 25yrs and the girl whom I harras was 16. Basically I was walking I made a mistake she stopped in front of me I greeted her on two different days . I was sorry about this. The probation on pre setenecing report told me a community order is recommended and would I go jail ?

[New Judge]

What did the Magistrates suggest their likely sentence would be when they ordered the PSR? Did they rule out custody?

[Buenchico]

If the circumstances are simply as you describe them, then custody simply isn't even an option for the magistrates. See page 65 here:
https://www.sentencingcouncil.org.uk/wp-content/uploads/MCSG-April-2017-FINAL-2.pdf
(That's the actual document that magistrates are obliged to work to).

[Peacefulbutters]

The magistrates made a no contact order and did not say anything about the sentence. The PSR is an all options report have not seen the report. during the interview with probation they recommended community order, supervision and curfew.. what would happen on setenecing?

[Peacefulbutters]

The magistrates court is new to me and I haven't got any previous criminal history. This is first offence.

[New Judge]

if the Magistrates ordered a report considering "all options" they did not rule out custody. This means they must have considered the offence to be more serious than the lowest category of seriousness shown in the guidance Buenchico provided.

The recommendations by the probation service are not binding, but are often followed. As you are a first-time offender, if the court considers custody is justified they will almost certainly impose a suspended sentence. That may or may not be accompanied by requirements similar to those imposed for a community order (supervision, curfew, etc.).

[Peacefulbutters]

Result: no contact conditions .community order
2.180 money fine.
2. 20 days rehab activity

[New Judge]

So roughly in line with the pre-sentence report then. Thanks for letting us know.

[Peter Pedant]

excellent result - keep to it
learn your lesson - some young ladies DON'T like being talked to...