Driving disqualified Outcome.

[katieg29]

just got back from court today with my partner, they sentenced him to 3 months in prison, i was upset. then his solicitor said im not to happy with this, im going to appeal this decision and he went down to the court cells to explain the procedure to my other half, the next thing i know they had him back up in the court today, apllying for bail pending appeal, he was told that its not likely that he will have it granted, but to all our shocks, it was granted, albeit with a lot of conditions. Im confused as to what will happen in the crown court, whether or not its just prolonging the agony of prison or whether they can impose different punishments.?

[fredpuli47]

The Crown Court may impose any sentence at all that could have been imposed by the magistrates ,So, yes, they can impose different punishments. The procedure in an appeal against sentence is like a repeat of the proceedings in the magistrates' court, the only real difference being that one of the magistrates hearing the appeal is a Crown Court Judge.

[New Judge]

From what you said originally, katie, I'm not surprised at the magistrates' decision, but very surprised at the solicitor's suggestion to appeal. The sentence is about what I would have imagined.

I doubt very much whether the appeal against sentence will succeed, and such it is ony putting off the inevitable. However, at least your partner will be out over Christmas.

Please let us know the outcome.

[katieg29]

They was going to ajourn for pre sentence reports, but probation offered to do them on the day, we then went back n into court with the psr, and the lady from probation stood up and said her bit, she reccommended a 12mth supervision order(whatever that is), i thought that this obviously wasnt a harsh enough punishment, we all thought she was going to ask for a suspended sentence, can the crown court imply a longer prison sentence, or can they only use the guidlines that the magistrates have previously set out? thanks x

[New Judge]

I am not surprised that the probation service suggested a sentence other than custody. A supervision order is, effectively, probation, where your partner will be required to attend regular interviews with the probation service.

The appeal at the Crown Court will be heard by a panel of three � two magistrates (who obviously have no previous knowledge of the case) and a Crown Court judge. They each have an equal say in the outcome.

They must use the same guidelines and take into account the same circumstances and as the lower court were told about. The appeal in effect is asking them to decide whether the sentence was unduly harsh, given all the information available. Whilst they do have the power to award a harsher sentence, this is unlikely.

[busta233]

Althoug - I hate to say it - I agree with New Judge. The sentence seemed appropriate for the offence. I have heard of other people who have gone to Crown with an appeal and received a harsher sentence (not a lot harsher), but i have also heard of people walking out of court. It is entirely up to the judge on the day sometimes. I know that sound silly but its true. Crown can issue stricter sentences than magistrates but they still have to follow the same guidelines given for the offence.

Hope all goes well.

[New Judge]

It's not solely up to the judge, busta233. It's up to the panel comprising the judge and the two magistrates. They each have an equal say and the two magistrates can overrule the judge.

In matters such as this (which are only heard by magistrates in the first instance) the judge often has little sentencing experience and relies upon the magistrates for guidance.

[joffwatts]

who gives a f*** 3 months in prison means if he behaves max he will do is 6 weeks just a little bit of character building

[Davethedog]

Got to say if he was driving while disqualified he should be put away. I hope he loses his appeal.