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Can A Witnesss Submit A Notarized Letter To The Courts And A Prison Sentence Be Taking Back To Court
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Can a witnesss submit a notarized letter to the courts and a prison sentence be taking back to court
Answers
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A sentence can only be varied by a court if permission for an appeal has been granted and the court hearing the appeal then recognises that the original sentence was manifestly excessive. If a third party believes that they hold information which , had it been placed before the sentencing court, would have resulted in a lower sentence, they can't submit it directly to either the original court or to the appeal court. They need to send it to the offender (or, more practically, to his/her solicitor) in order that it can be used to support any appeal against sentence.
Fiction-Factory:
As I read it (after several attempts to make sense of it), Kel38ander757 (or someone she knows) was a witness to a criminal offence, for which the offender has been sent to prison.
She (or the witness, as relevant) believes that the offender shouldn't have received a custodial sentence because the court wasn't provided with full information about the offence and is asking if she (or the witness) can now write to the court with that information, so that the offender can be brought back before the court for resentencing.
Assuming I've got it right, the simply answer to Kel38ander757's question is 'No', with a more detailed answer provided above.
Kel38ander757:
If I've misunderstood your question, please provide some clarification.
As I read it (after several attempts to make sense of it), Kel38ander757 (or someone she knows) was a witness to a criminal offence, for which the offender has been sent to prison.
She (or the witness, as relevant) believes that the offender shouldn't have received a custodial sentence because the court wasn't provided with full information about the offence and is asking if she (or the witness) can now write to the court with that information, so that the offender can be brought back before the court for resentencing.
Assuming I've got it right, the simply answer to Kel38ander757's question is 'No', with a more detailed answer provided above.
Kel38ander757:
If I've misunderstood your question, please provide some clarification.
-- answer removed --
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