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Guilty plea and sentencing.

(13 Posts)
talksensetome Tue 15-Nov-16 09:15:06

If someone (not me) is going to plead guilty to a crime that carries a custodial sentence, will they go straight to prison from the plea hearing or will they have to go back at a later date to be sentenced?

The sentence is likely to be 3 or 4 years if that makes a difference?

nickymanchester Tue 15-Nov-16 15:40:30

It depends. If it's in the magistrates court then it will simply be transferred to the crown court as magistrates can't hand out sentences of that scale.

The crown court may order that a pre-sentence report is done (especially if the person concerned has never been in prison before), in which case there will be an interview with somebody, probably from the probation service, and they will provide a report to the judge.

There is more likely to be a pre-sentence report when the offence is one of violence/sexual/ domestic violence. Or where the offender has mental health problems or is in any other way vulnerable.

nickymanchester Tue 15-Nov-16 15:41:44

Forgot to say - this person shoulw have a word with their solicitor, they will go through everything that will happen

talksensetome Tue 15-Nov-16 16:02:32

It is in crown court for possession with intent to supply class A drugs.
They have a previous conviction about 5 years ago of possession of class C.

Thanks for replying! It is my sisters partner so just trying to figure out what will happen.

JaniceBattersby Tue 15-Nov-16 17:07:08

Nicky is correct. It really does depend on whether they need to do reports. With that type of offence, and with that type of sentence, I'd make sure I had my bag packed and was ready to start serving my sentence as soon as I'd pleaded guilty.

nickymanchester Tue 15-Nov-16 20:50:48

Message withdrawn at poster's request.

nickymanchester Tue 15-Nov-16 20:50:56

Something that you and your sister may not be aware of (the guy's solicitor may have mentioned it to him but he probably hasn't taken it in) is that he will, in any event, only serve half of that sentence in prison.

Also, as long as he is sentenced to less than 4 years that he will most likely qualify for what is called "Home Detention Curfew" or electronic tagging (just google it) so he will spend even less time in prison.

So, for example, if he were to be sentenced to 3 years then he would anyway only serve 18 months in prison before being released on licence (this would mean that he would have to see his probation officer once a week and there would probably be some restrictions on what he is allowed to do) for the remaining 18 months.

However, with the HDC people can be released earlier with an electronic tag on their ankle and they have to observe a curfew by staying at home 12 hours a day.

Under HDC, if the guy was sentenced to 3 years then he would be eligible to be released on tag after 9 months and then spend a further 9 months on curfew wearing the tag.

However, none of this applies if he is sentenced to 4 years or more or if he is likely to be deported after serving his sentence (eg he isn't British or doesn't have ILR)

nickymanchester Tue 15-Nov-16 20:57:46

Sorry, he won't be released after 9 months on HDC but after 13.5 months - just over a year

nickymanchester Tue 15-Nov-16 21:00:13

Sorry, I made a mistake. On HDC he would be released after 13.5 months - just over a year

talksensetome Tue 15-Nov-16 23:50:50

Thanks Nicky that is very helpful. I am just trying to help my sister prepare for what is going to happen, we weren't sure if he would go straight to prison after the please hearing. Lots of useful information there though much appreciated.

Chickenagain Tue 22-Nov-16 16:46:25

A close friend of mine was sent to prison recently and during the process, we found out some very important things, so of which were too late.
Your barrister can ask the judge to postpone sentencing for pre-sentence reports.
Probation Officers are not your friends. Express sincere remorse for your actions & your victims. Get some decent references from employers, clients, friends of standing, whatever. Google for first time in prison for what to take - some good websites. Underwear & socks, stamps & envelopes & cash for his account. Piece of paper with important names & phone numbers on it.
He must take his bag with him when he goes to court as if he goes straight to jail you don't get the chance to give it to him. Good luck. Prison is dreadful.
PM me if you need more help.
Good luck

VivienneWestwoodsKnickers Wed 23-Nov-16 22:48:49

If he is sentenced to a term of imprisonment, then yes he will go immediately to the court cells and be transferred to prison the same day. If he's expecting to go to prison, he should take a bag of his things with him. His solicitor will be able to advise him on that.

Has a pre-sentence report been ordered?

superram Wed 23-Nov-16 22:55:12

I am sure prison is dreadful but I am also fairly convinced that by not committing crimes you can avoid
such a fate.

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