How Does A Suspended Sentence Breech Get Activated

[Survivor1234]

My ex has been charged with ABH against myself and pleaded guilty, due in court on the 26th .

He already has a 12 month suspended sentence which was issued a week before he attacked me .

My question is once he’s sentenced to the attack on myself what happens regarding the suspended sentence, is this dealt with separately and does he need to go to court again ? Or is it dealt with when he’s sentenced to attacking myself?

Thanks, I’m sorry for lots of questions but incredibly anxious atm.

[ToraToraTora]

he'll have to finish the original sentence and any new sentence will be on top. Is he in custody now?

[New Judge]

The breech of the SS will be dealt with when he is sentenced. Judges and Magistrates have guidance to suggest that unless it is manifestly unjust to do so the SS should be activated. The SS should be imposed in addition to any sentence handed down for an offence which caused the breach. In the case where the later offence also attracts custody, the sentences should be consecutive (though there are some constraints on the total sentence permitted where a Magistrates' Court is dealing with the matter).

[New Judge]

^^^ Sorry, it should be "breach". A breech is a part of a gun and breeches are what horseriders wear :-)

[Buenchico]

A 12 month sentence (whether suspended or not) was most likely handed down by a Crown Court, rather than by a magistrates' court. (The maximum custodial sentence that can be passed by a magistrates' court is one of 6 months. The only exception is when sentencing for multiple offences, in which case the maximum total sentence is one of 12 months).

Assuming that to be the case, if the ABH case is still in before a magistrates' court, that court will be obliged to refer the breach of his suspended sentence up to the Crown Court, rather than dealing with it directly on the 26th.

https://www.sentencingcouncil.org.uk/explanatory-material/item/custodial-sentences/4-breach-of-a-suspended-sentence-order/

[Survivor1234]

Would be unjust to do so be regarding his alcohol problem as he booked himself in to rehab a week after he attacked me

He’s not in custody now, he’s out on bail

[Buenchico]

>>> The breech (sic) of the SS will be dealt with when he is sentenced

Are you sure, NJ?

If the current matter is being dealt with by a magistrates' court (and the suspended sentence was handed down by the Crown Court), surely the breach must be referred up to the higher court, mustn't it? (See link above).

[New Judge]

"Would be unjust to do so be regarding his alcohol problem as he booked himself in to rehab a week after he attacked me"

That will be for the judge to decide. Presumably he had the problem when he received the SS and so it should have been considered then. Bearing in mind the second offence was committed just a week after he was sentenced, I think he may be on dodgy ground.

[Survivor1234]

He’s due to be sentenced in magistrates on 26th, does this mean if he gets a prison sentence for the ABH he will get put away then have to appear before crown court regarding the breech or will everything be transferred to crown for sentencing together?

[Survivor1234]

The suspended sentence was due to drink driving ( and probably other things regarding driving under the influence) I know he has to undertake an alcohol program of some sort, got a fine, probation and a suspended sentence plus a 5 year ban

[New Judge]

You are quite correct, 'chico. If the SS was handed down by the Crown Court the defendant should be sent to the CC to have it revisited following the breach.

I assumed that both these matters were being handled in the CC. I only mentioned the Magistrates' Court when explaining that the sentences should be consecutive. Magistrates cannot impose more than twelve months and only more than six months then when dealing with two or more "either way" offences. I don't think it's relevant here and I wished I'd never mentioned it!

[ToraToraTora]

21:43 - crikey that's some DD must have been aggravated or the nth offence.

[Survivor1234]

The ABH has gone to magistrates court, I’m not sure if the suspended sentence was passed at crown court tbh, but I can see it all being referred to crown court

[New Judge]

Back to the drawing board!

The drink-driving is a "summary only" offence and can only be dealt with by Magistrates. So his suspended sentence would have been imposed there (with a maximum of six months custody). By a "12 month suspended sentence" I assume you mean that is the suspension period (i.e. the period he has to stay out of trouble).

The ABH matter is an "either way" offence and it has obviously been retained in the Magistrates Court. That said, he should be sentenced for the ABH and then the SS should be revisited to see whether it should be activated.

[Survivor1234]

He only had his license back 3 months since getting convicted previously!!!! He told me he was only 1x over the limit ( he’s an alcoholic) I presume it was much higher than that plus some other driving offence whilst over the limit

[New Judge]

Custody is not normally considered for drink driving until a level of 3.5 times the limit is detected. The court may consider custody for a little less than that if it is a second or subsequent offence but custody (whether suspended or not) or a ban of five years would not be remotely considered for "1x the limit".

[Survivor1234]

Judge ... I fully agree ! Yet another lie from him

[Survivor1234]

I’m just wondering what the cat the AHB will come under tbh as well so so scared