suspended sentences

[k8bailey]

My 22yr old brother is on a 2 year suspended sentence and doing community sevice for the cultivation and limited social supply of cannabis, this finally went through court last month. Last night he was arested with two friends for fighting, at the moment he is still at the polce station awaiting interview. One of the friends hit a police officer, my brother was apparently trying to stop a fight. This is being treated as a public order offence/affray.

What's likely to happen to him?

[ummmm]

He could end up doing his two years....

[SIRandyraven]

Sounds like he best of the streets.
Trouble seems to follow him about ...
Drugs
Fighting the police
None were his fault.
Maybe he is better in prison, in case he ends up killing someone, by accident.

[bednobs]

hi Kate. It will depend entirely on whether he is charged with anything (or convicted of anything)
As far as i know, if you get convicted of any other offece while on a suspended sentence then your original sentence (two years here) is reinstated, No matter if you are 1 day into suspended sentance or 1 year and 350 days

[ummmm]

Except driving offences as the bloke who kicked my door in got a two year suspended and got arrested for drink driving six months later and didn't 'go down'

[sandyRoe]

A suspended sentence gives you the opportunity and a reason to modify your behaviour. It's only a few weeks since you brother was sentenced. I've a feeling that the judge won't be as lenient this time.

[k8bailey]

thanks for the helpful answers, it's a shame that driving offences such as drink driving aren't taken into consideration ummmm

SIRandyraven - "None were his fault." Nowhere in my post did I say that these things weren't his fault, he WAS growing and dealing cannbis, he has beeen charged and sentenced for this crime. He was not the one fighting the police, he was trying to break up a fight. Maybe he is better in prison but then he will be a drain on the tax payer. At the moment he is only a drain on my mother (a tax payer)

I am in total agreement that he needs to change his ways, but wanted to know:
If he gets charged, but there isn't enough evidence for a conviction will he still do the time? Even if he's not charged or convicted I suppose probabtion services will be informed, could he be sent to prison even if the whole thing is dropped by the police?

[bednobs]

no

[k8bailey]

Thanks Bednobs - just have to hope he learns his lesson whatever the outcome!

[ummmm]

I don't know that as a fact k8....just know that he didn't get sent down.

I think bednobs has answered your question though.

[bednobs]

if that were the case, then anyone could make any unsubstantiated allegation and he'd be back in prison

[k8bailey]

He got a caution and thinks it's all been a big adventure! :(

[dh001]

Welcome to the useless justice system in this country.

[k8bailey]

lol tell me about it, it took over a year to try the drugs case, his community service is a joke - starts at 10.30 home by 2pm, apparently that makes 7 hours?!! He was probably in possesion of some cannabis last night but manage to pass his belongings to a friend who wasn't arrested!

He'll never learn because he's not being punished.

[dh001]

"..He'll never learn because he's not being punished..", I agree K8 and I have no doubt the decision to Caution was made by some liberal left wing tick-box bureaucrat at the police station who only cares or knows about detection figures on their pie-charts.

[abskil30]

He won't neccesarily have his suspended sentence activated, it will depend on the severity of the charge. What he is arrested for is not automatically what he is charged with, the CPS may decide to charge a lesser or a higher offence or no offence at all. The magistrates/ judge could in fact decide to act a requirement to his suspended setence e.g, longer curfew or more hours of unpaid work.

[Jillius]

I have just read a story about a woman who cheated the benefits system out of £255,000 ! She had holidays abroad, travelled the world, bought cars etc and she got a suspended sentence. In other words she got off completely scot free !! Pathetic. She didn't even have to pay anything back.

[sara3]

Jillius, everyone has to pay back benefit overpayments. being prosecuted doesn't let anyone off repayment.

[Jillius]

Quite right too ! Though it did say she didn't have to repay anything ! She should be made to repay everything she stole, and more !

[sara3]

do you have a link to the case?

(sorry K8)

[sandyRoe]

When people have to repay money they gained from benefit fraud it's generally at a rate of about £10 a week.
The woman who defrauded us of almost 1/4 of a million wouldn't pay it all back if she lived to be as old as Methuselah.