My Partner has been sent to prison for a section 47 and a section 18. Although this sounds bad it was self defence but the jury decided that the amount of force used was more than reasonably needed so that's why the guilty verdict was chosen. The judge did not send him straight to prison and allowed him bail after the verdict and mentioned he would not like to imprison him but had to prepare him for a custodial sentence as for the charges he had been found guilty for have to carry a custodial sentence, indicating (in my opinion) that he thought the jury were too harsh. After his three week bail he was then sentenced to 18 months for the ABH and 3 and 1/2 years for the section 18. However, he only needs to serve 21 or 22 months (overall) due to the references that were provided and the fact he is 26 years old and nothing apart from a juvenile offence had previously happened. I had written a statement saying about the length of time we have been together and how we are engaged to which the judge acknowledged. My health and state of mind is now deteriating due to him being away I think the judge has overlooked the fact that we were due to be a family, get married and live together so he has not taken into account the effect it has had on other parties involved and I wanted to know, without going for an appeal (as I do not want more time added to his sentence), what is the earliest he can get out? On a tag, curfew (doorstep rule), change it to a suspended sentence where maybe I become jointly responsible for his actions or move him to an open prison? I do not live near the prison so travelling to see him is a nightmare. There must be something : "(
I am sure the Judge did take into account your circumstances as he did acknowledge your letter. he did however have to take into account the victim and that he was convicted of a serious assault. if it was OTT self defence it was more likely to have ben a section 20 that he was convicted of. however I do understand that prison punishes the family as well as the defendant. there is little you can do about gettinghim moved to a more open prison - he will have to spend some time before he was be recategorised. he will serve half ( were the sentences concurrent or consecutive?) and then possibly eligible for a tag earlier. the prison/ probation who assess suitability for a tag will visit his home address and take into account your relationship. other than that can't really answer without knowing the facts of hte case etc and so best you call his lawyers who may be able to help expalin this all to you.
blondegirly Thank you for taking the time to reply to me. I guess I should just get on with it but there's this small amount of hope I have that something must be able to change somewhere along the line. He was offered section 20 if he pleaded guilty but as it was "self defence" apparently you have to then state that you "intended" to hurt the other person in order to get them to drop their attack and the part about intending is what changes it from a 20 into an 18. The sentences (I asume) are back to back but only 21 months of the total time need be served. I tried speaking with the solicitors but they seem to have just moved onto their next case and ours is done and dusted (or that's how it feels). What would you advice be? Is there anyway of applying for a tag before the "normal" time stated?
by the sound of your name,both of you are male,dont expect him to be faithful to you while hes away,he will have a field day.find yourself a nice partner and forget about him,it will all end in tears,bigboy.sorry i mean hotboy
i have a partner that is on remand for section 18 intent he had 4 lads jump on him one bit his nose so he reacted in self defence i so i know what you are going throw if he got 22 months he should be able to get out 6 months earlyer on tag or if he been good befor this then he maybe able to do half on tag depends on his previous and if you on benefits you should be able to get a travel warrent
norman the dog it does not matter if they are both men this person was not asking your opion on ther sexualty he was asking an opion on his question and hotboy you just hang in there you will be suprised your partner will need you to be strong !!! goodluck
no i did not wright to the probation servis my partners crime was abit more serve then yours but i do agree that the standed "self defence" needs loking at because if we cant defend ones self when acttaked then what can we do i wish you and your partner every luck in the world and i hope your ok ??? goodluck