concurrent sentences

[tonysmith69]

Hi,
my cousin has being charged with two seperate offences. One of criminal damage which he was on bail for 10 months and the other violent disorder. He has two seperate court dates both in June. What my question is....if he was sentenced to a custodial sentence for the first offence and then also sentenced to a custodial sentence for the second would he serve them concurrently or consecutive? And another scenario is....if he was given an order such as a curfew for the first offence and given a custodial sentence for the second would the curfew be forgotten about or would he be given it once let out of prison?
I hope this made sense....any replies/help would be greatly appreciated! thanks.

[grasscarp]

I think you will have to wait and see what happens. Although there are sentencing guidelines the judge will take everything into account, which people on here cant do. Sometimes people who should probably be sent to prison are not because of the overcrowding in prisons.

[New Judge]

Didi these two charges arise from a single incident?

[tonysmith69]

no the offences are not linked.

[New Judge]

The CPS may ask for sentencing on the first matter (whichever it is) be postponed until the sentencing date for the second so that the two may be dealt with together.

Violent disorder is the more serious offence and any sentence imposed will take precedence over the Criminal Damage matter. The most likely scenario is:

Violent Disorder – custody. Criminal Damage – custody consecutive.

There is a possibility that the judge (or magistrates) could be persuaded to impose a concurrent sentence, particularly if the Criminal Damage would not normally, by itself, attract custody.

There is little or no likelihood of a community order being made for the Criminal Damage which is to run after any custodial sentence for the Violent Disorder is served. It is not good sentencing practice.

Sorry to be a bit vague, but there are a number of options available.