starting a prison sentence..

sara3 | 09:03 Tue 05th Aug 2008 | Criminal

45 Answers

someone I know has committed a large scale fraud. he has entered a guilty plea at magistrate's court and the hearing will be in a few weeks at crown court. he is expecting a prison sentence. so far he has had unconditional bail (his passport was taken away a while back). my question is, on the first hearing at crown court would you expect him to be remanded in custody, or would you expect an adjournment with further bail for pre-sentence reports? his wife doesn't know what to tell the kids to expect.

thanks in advance.

driving ban

Barrister never turned up to meeting before trial

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sara3

Question Author

any have anything intelligent to add?

sara3

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anyone

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Golf38

Down to the judge I'm afraid, althoug, I would supect he would be bailed for reports.

Buenchico

(2-part post):

Since he's pleaded guilty and the specific purpose of the Crown court hearing is to pass sentence, any pre-sentence reports should have been completed before the court hearing. That's how the system's meant to work, so he might hear from the probation service (possibly via his solicitor) soon, asking him to attend their office for the preparation of a report.

However, the system doesn't always work as it should, so (as you suggest) it's possible that he might appear before the Crown court prior to any pre-sentence report being prepared. If he does, the judge will have to consider if there's any reasonable likelihood of the eventual sentence being a non-custodial one. If the answer is 'yes', it's likely that bail will be extended. But if the judge is confident that a custodial sentence will be passed, the offender will be sent to prison 'on judge's remand' until a date when the court can reconvene with the relevant report(s) before it. (That, of course, assumes that the judge wants to read any pre-sentence reports. He's not obliged to call for them and he could just pass sentence straight away).

The offender's wife should tell the kids the truth. i.e. she thinks that Dad will be going away for some time but she's not sure when. However, it might be best to give him an extra big hug on the day that he heads off to Crown court.

Buenchico

Just a few practical matters to consider:
When the offender attends court, he should make sure that he's got plenty of cash in his wallet. Although this will be taken from him when he gets to prison, the amount will be credited to his prison account and it will enable him to buy some 'luxuries' (e.g.newspapers or packets of biscuits) while he's 'inside'.

He should also pack a bag with things like a radio, mp3 player, etc, together with a few books, writing paper, pens, envelopes and stamps. (Plus, of course, personal items, like photos of his kids). It's extremely important that he should keep hold of the bag in court or, if he's not permitted to hold it while he's in the dock, he should hand it to a court official or security guard. If he gives it to his wife or barrister, they won't be permitted to get it to him once he's in the cells, so he won't be able to take it to prison with him.

Chris

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JK04

Tetjam is 100% right, It might even put the kids of commiting crimes and ending up in jail in the future.
Dont ask a question if you dont want to hear honest answers.

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RevFunk

Bubba is waiting to give him something "long & hard"

carrust

My nephew got 2 & half years & he wasn't allowed to take anything in to the prison with him. All that is allowed to be given to him is clothes & shoes. Anything else has to be bought either from the canteen (fags, toiletries etc), or from an argos catalogue. After 30 days nothing is allowed other than money.In his case a postal order posted to the prison.

sara3

Question Author

thanks for the constructive answers, most helpful.

Tetjam / JK04 - I wasn't asking for a character assessment. I appreciate what he has done, and I was asking this question out of concern for his family, the ones who will really suffer as they had no idea what he was up to. I have no sympathy for him. he is from a well-to-do background and will pay the price for what he has done.

but thanks for your input anyway.

jake-the-peg

I thought you promissed not to bother in futre Tetjam!

I don't see why some of you guys continue to hang around here with your unhelpful self-righteous posts.

Sara's not the crook, nor even closely related if at all.

She didn't ask what you thought of him.

It must be devastating for you that you were born after public hangings and the pillory were outlawed!

sara3

Question Author

thanks Jake-t-p, well said!

for what it's worth I could rip his stupid head off and shove it down his neck. his wife is a broken woman who is about to lose everything, including the home she and the kids live in.

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sara3

Question Author

Titman.. sorry, Tetjam! why didn't you give it up when you said you would??! not a man of your word, huh?

I believe it is well established that this wasn't a wise career move. no one here is offering a pat on the back, least of all me.

and Jake stands a far better chance than you. well, anyone stands a better chance than you, even my cat.

no offence, Jake ;o)

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sara3

Question Author

yeah, but my question was about pre-sentence reports.. obviously a bit above you!

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