Curfew Order

[mrfrost1982]

A friend of mine was given 100 hours comminuty service for harrasment. Due to a serious leg injury he has been unable to complete the hours, leaving 53 remaining. The probation service are returning him to court to revoke the order and to have him re-sentenced for the original offence. Bearing in mind he hasnt been in breach of the order as he did provide sick notes for all absenses. Probation have recomended a curfew order placed on him. He is worried as a friend has told him he could end up going to prison if he is re-sentenced. Also a curfew order would impact his work as he is due to return shortly after treatment on his leg. Obviously he shouldnt have comitted the crime in the first place, although he has done alot to rebuild his life since this happened Can anyone else give their opinion?

[Barmaid]

It sounds to me that the Probation Service are returning him to court for revocation and resentence on the grounds that the order is unworkable. If he has not been summoned for breach, I doubt the court will take too much of a dim view and will take into account that he has worked 47 of the given hours. Yes it is possible that he could go to prison, but I think it unlikely under the circumstances if the PS are recommending a curfew order instead.

He should get his solicitor to explain that the curfew order is doable for the time being, but once he returns to work, there will probably have to be a further hearing to change the hours.

[voltr4m4x]

Yes, Barmaid is correct up to a point. The fact remains that the Probation Service seemingly are unable to ensure that the court order is fully complied with due to the fact that your friend has suffered an injury which renders him incapable of working. The Probation Service cannot themselves find alternative work for your friend within the terms of the court order, and so the matter has to be referred back to the court for re-consideration. It may well transpire that the court will suspend the type of sentence until your friend recovers sufficiently to complete the community service order at a later date. I would not envisage that a prison sentence will follow automatically in this case.

[doglady]

The Court aren't allowed to suspend the Order until your friend is fit to complete the hours because the Probation Service have certain targets they must meet regarding the number of hours offenders have to work each week. I would think a resentence to a Curfew is more likely. The hours can easily be changed, via the Court, to suit your friends work pattern, when he starts back again.