Fraud By False Representation - Follow Up Question From Previous Posts

[Livinglam]

Hi, I've discussed a fraud charge i am facing for £3700, first hearing on 30th of March, first conviction, going guilty - in previous posts. I am just following up on that and have a question for anyone who previously (or maybe hadn't) shared their thoughts on my original post. So I found out from my solicitor that the court have agreed with him in his request for me to appear remotely at my first hearing (i've moved 300 miles away since the offence). He seems to think this more or less confirms that a custodial sentence isn't going to be the case... i just wondered if anyone else could share any knowledge that backs that claim? I am confident in my Solicitor, Its just, as I said - this is the FIRST time i've experienced anything like this. Thank you for all your help in advance!

[barry1010]

Is this your plea hearing? If so it has nothing to do with the sentence you will be given and is no indication of if it will be custodial or not

[New Judge]

//He seems to think this more or less confirms that a custodial sentence isn't going to be the case...//

It doesn't really confirm that. As I said in my earlier answer, you are unlikely to be sentenced at your first hearing. But in any case I suggested that custodial sentence was very unlikely.

[Livinglam]

Thank you for your help again, New Judge -

Perhaps you may be able to understand something further,

If in (as you say) the unlikely event a custodial sentence was imposed... is that the point in which a judge would consider a suspended sentence. (I.E suspending the custodial sentence imposed).

I ask because even in thst unlikely event, is it likely be suspended on the lack of previous offending/ no violent offending at all and the manner of the case in general?

Thank you for your help!

[Livinglam]

Apologies, I intended to write "help me understand something further"

[Buenchico]

The first test a judge has to consider is whether or not the 'custody threshold' has been passed.

If the answer to that question is 'No', he/she MUST impose a non-custodial sentence.

If the answer to that question is 'Yes', he/she MUST impose a custodial sentence BUT THEN (for sentences not exceeding two year's imprisonment) he/she can go on to consider whether it's possible for the sentence to be suspended. (i.e. the judge can't start out with a suspended sentence on his/her list of possible punishments. The question of whether or not a suspended sentence is appropriate can only come into play after the judge has decided that the custody threshold has been passed).

As both NJ and I have written several times now, the chances of you receiving an immediate custodial sentence are next to nil.

[Livinglam]

Thank you both again, I really do appreciate your knowledge. One last question If I may? I realise after my first hearing there is likely to be a probation report and a sentencing hearing... I ask, are these also being held remotely in some cases currently? If so, under what circumstances? Thank you!