licence conditions

[curious777]

hi my partner was convicted of an offence in august 2008 for a section 18,he served 27 months in prison & was let out on early release nov 2010,he was put on a licence till 2015 where he had to go probation,etc,in july 2011 myself & my partner were out in a local bar,we had a few drinks & left,10 days later the police came to my house & arrested my partner as he had been accussed of an assault on a man in the pub,he was immediately remanded to jail,in feb 2012 we went to crown court,i was a witness & my partner got not guilty but hes had to go back to jail,he didnt do anything & was aquitted,does any1 know how long he will stay in jail for & is there any1 to write to so i can speed the process up to get him home,please no smart comments,hes a good lad who had 1 fight in 2008 & now were in this mess..any help much appreciated,i no ive asked this question a few times but this is in detail..thanks

[EDDIE51]

What was the original sentence ?
I am afraid that the terms of the licence may have been that he must not be arrested or charged with an offence. As he went to crown court he must have been both arrested for and charged with the assult.
Sorry, but he will probably now have to serve the rest of his sentence without another chance of release on licence. Someone who is out on licence has to be VERY carefull not to get into trouble , there must have been enough evidence against you BF for him to be arrested , charged and go to Crown court.
You and he could not have ''just visited '' the pub and then 'out of the blue' he gets arrested and charged with assult, something must have happened at the pub while he was there which you are not telling us about. So what is the full story?

[NOX]

Not necessarily Eddie, imagine someone had a gfrudge against him and knew he was at that pub that evening. He was acquitted so therefore there wasn;t any strong evidence to suggest he did what he was accused of, therefore the whole thing MIGHT have been a pack of lies.
I'm sorry you find yourselves in this situation, it is one of the unfairest things about the terms of licence release, and a lot of people fall foul of it I'm afraid.

[EDDIE51]

NOX I did think of that but I can not see it going all the way to Crown court and a full trial unless there was strong evidence. There must have been a fight or disturbance at the pub for the police to even bother arresting someone. They do not do that without good cause. I am still sure we are not hearing the full story here. The arrest was not until 10 days later so there must have been an investigation before the arrest.
Remember, I have worked in prisons as a literacy teacher , I have heard all the stories but the people telling them always tell just the part they want you to hear, you learn to know when you are hearing a 'part story'

[NOX]

Actually the more I think about this, the more I can't see why he wasn't released with standard licence conditions since he wasn't sentenced to more than 4 years. His Manager must have added conditions to his licence for some reason, but without it's precise wording I doubt anyone can really help you.
You might do well to try to arrange a meeting with whoever was managing his case if possible or alternatively write them a letter, although whether they will talk only to your partner I really don't know.

[NOX]

Yes I must admit Eddie I was in prison with a building full of innocent men;-) and it does seem strange that they've clearly added to the normal licence conditions since he wasn't in for over 4 years. Can you enlighten us any further curious, as the more we know the more we can help tbh.

[curious777]

ty for your answers,he was sentanced to 4 1/2 yrs origionally but did half 27 months,when we were in the bar,the man who he got in trouble with in 2008 was in there,everything was fine,no problems we left,then 10days later my partner was arrested because another man got assaulted after we left & my partner got the blame,i think it was a grudge thing,someone phoned probation,next thing recalled back to prison,its all a mess & a stupid system if u ask me,its been a nightmare

[curious777]

the only evidence they had were the man from 2008 & the man who was assaulted saying it was my partner,so they charged him,thats the full story,we left,everything was good!

[NOX]

I'm really so sorry about this curious, it makes sense now that they did special terms since his sentence was over 4 years initially. I'm really sorry for you both, as it is completely unfair, but unless they have cocked the wording up of his special terms ( it has to be exact and can't vary at all) then I think you're on a sticky wicket and he may well have to serve the remainder of his sentence. If I were you I would see a solicitor as I think the matter is something which we can't really help much more with. It's still worth giving his probabtion officer a call- they may be ablew to help, but I've noticed of late theyre getting a different sort of person now, and they all a bit jobsworthy and less flexible than they used to be. I really do wish you good luck and hope it ends well for you both, but if not keep going and when he gets out go so
mwhere else and make a fresh start so that you avoid further problems.

[Hottiedoc]

I completely am on the same page as Eddie

[EDDIE51]

In that case there has been a miscarriage of justice and the 2 witnesses have committed perjury. You need to see a solicitor urgently , do not use the same one you had in court. You need to appeal the sentence . Not much more we can do for you. But there is nothing you can do about getting him back out of jail , as far as the prison is concerned he committed another assult and had had his licence revoked.
It will be better if he does the appeal from inside prison. There are an 100s of solicitors who do 'prison work' many do nothing but work for people inside prison. These solicitors all work without needing any cash from the prisoner or his family , they get paid by fees from the government. There will be notices displayed in the prison giving details of how to contact them.
Or if you tell me which prison he is in I will look up one that is near that prison.
The big jails actually have solicitors who visit the prison at specified times and an inmate can ask to see one.
There is a special prison newspaper it is called ' Inside Times' he should be able to get a copy it is free. There is also an online version which is very interesting for the partner or family of a prisoner to read. You get a lot of information that is not easy to find anywhere else. I read it every month.It has lists of all the solicitors who do free 'Prison work' there is also a columnist called 'Prison Widow' who is well worth reading, in my mind one of the best , cleverest and funniest people to write for any newspaper.

[EDDIE51]

Link to Inside Times
http://www.insidetime.org/

[EDDIE51]

This months Inside Times actually has an artical about licence conditions
http://www.insidetime...nd_licence_conditions

[NOX]

Eddie, there is no sentence to appeal- he was found NOT guilty of the second charge. The first sentence will stand, as they aren't disputing that, but he was returned to jail because of the second one which was a not guilty verdict, so no appeal can be heard about that anyway because the court found him not guilty.
You do still need to see a solicitor though curious and Eddies links are excellent. Good luck.

[curious777]

ty again so much for all your help guys,he has got a new different solicitor who deals with prison law,burtoncopeland & as for his probation officer,i have tried all last week to get hold of him but hes been on a training course,fingers crossed tomorrow i can get hold of him,looks like i wont hold my breath for him getting out any time soon,thats what i needed to hear & as for moving away ive just moved back from down south to up north so i could be with my partner,probation wouldnt let him move down south with me & we constantly said to probation please dont let us have to stay up north because its trouble,thats why i moved from the area in the first place,like i said,thanks & its all a big mess!