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advice needed

(18 Posts)
Emz8369 Fri 03-Jan-14 22:03:26

In may 2012 my daughter disclosed that my "dad" (I use the term very loosely) had been sexually abusing her so I reported him to the police, I had a phone call off the police the other day to say that cps have decided there is enough evidence to charge him on 6 counts relating to my daughter and 7 relating to my sister (my sister made a separate claim) the police woman on the phone said that they will be charging him when he answers bail (7th) and that he will have to go to magistrates court approximately 2 weeks after he is charged.

What I was wondering is will I be able to request that they keep him locked up until he has to appear in court as I am worried he will either try to run away or attempt suicide?

Emz8369 Fri 03-Jan-14 22:04:38

also wondering if anyone knows what kind of sentences these offences normally get?

Pan Fri 03-Jan-14 22:19:35

hi there.
Briefly he will prob get police bail to appear at magistrates and from there he will be sent to Crown Court either for trial or sentence. There is a presumption of bail and the prosecution will have to have strong argument for the magistrates or judge at Crown to refuse him bail. From what you say at least, it looks like bail is likely.

As for sentence, it depends what he has been charged with exactly. But a lengthy time in prison is the likely outcome. During his time in custody and as and when he is eventually released your family and you will be consulted and kept informed about his movement through the prison system and his whereabouts on release. You can request, and he will be given a no-contact condition and probably an exclusion zone from where ever you live and work.

Emz8369 Fri 03-Jan-14 22:23:39

thanks it is in his bail conditions that he is not allowed to contact me, my sister or our children (dds 11 & 7 and nephew 7) so hopefully it will be extended if he does get locked up and then again on his release

Pan Fri 03-Jan-14 22:26:10

Sorry, the no contact and exclusion zone will also operate for your sister. I say 'you' as you are the guardian of daughter, and presuming she is still living with you your address and place of work (and her school place of work eventually?) will be included.

Is there anything else?

Pan Fri 03-Jan-14 22:27:49

yes it will be. If current arrangments and risk management procedures are the same in a few years as they are now, he will be living in a Home Office approved premises (hostel) on his release.

Emz8369 Fri 03-Jan-14 22:31:43

no that is all thank you very much for your help

Pan Fri 03-Jan-14 22:33:45

You're more than welcome. Best wishes to you and yours.

Emz8369 Tue 07-Jan-14 19:31:31

well it looks like he has been bailed again as my friend saw him in a local cafe about half 5 I just hope he doesn't do anything stupid before he has to go to court

nickymanchester Tue 07-Jan-14 21:14:02

also wondering if anyone knows what kind of sentences these offences normally get

WARNING - this post MAY be triggering but I have tried to write it in such a way that it isn't.



It largely depends on exactly what was done and how often. It also depends if your daughter and sister were over or under the age of 13 at the time.

I obviously won't go into detail as - believe me - I can empathise with you. The starting point for the very mildest thing would be 12 months if she was over 13 or 2 years if under 13.

The sentences get progressively more severe depending on what has happened. Going up to 15 years for the worst cases.

There are also what are called ''aggravating factors'' and ''mitigating factors''. Any aggravating factors would lead to a longer sentence on top of the figures given above. So, for example, the fact that there were multiple victims would be an aggravating factor as would multiple offences over an extended period. Also, the age difference is also taken into account. Eg, a grandfather is treated much more harshly than, say, a 15 year old boy would be.

In the case of your sister, as this is - presumably - a historic case, he would be treated under the law as it was at the time that the offences took place. You should be aware that even ten years ago the sentencing guidelines were for a lot shorter sentences than they are nowadays.

Do be aware that whatever sentence he receives, he will then be released on licence when he has completed 50% of it. So, for a 5 year sentence he will be released after 2 1/2 years and spend the remaining 2 1/2 years on probation.

However, having said that, since this is a sexual offence the probation service will place very severe restrictions on what he is allowed to do, where he can go and who he can talk to. He will also be made the subject of a Sexual Offences Prevention Order - SOPO - that will place VERY severe restrictions on him and he will have the police checking up on him regularly.

Hope this helps and it didn't cause any upsets to anybody

nickymanchester Tue 07-Jan-14 21:43:12

Pan

yes it will be. If current arrangments and risk management procedures are the same in a few years as they are now, he will be living in a Home Office approved premises (hostel) on his release

Not necessarily. If he has other accommodation available then he can move in there, it does not necessarily have to be a hostel.

Emz8369 Tue 07-Jan-14 22:38:56

Thankyou nickymanchester

Emz8369 Tue 07-Jan-14 22:42:34

No he does not have alternative accommodation, my gran has a spare room but I doubt he would ask if he could stay there as she would ask why and then he would have to explain the circumstances (I refuse to tell his side of the family as I feel it should come from him)

Emz8369 Tue 07-Jan-14 23:23:06

No he does not have alternative accommodation, my gran has a spare room but I doubt he would ask if he could stay there as she would ask why and then he would have to explain the circumstances (I refuse to tell his side of the family as I feel it should come from him)

Emz8369 Wed 08-Jan-14 13:37:04

the police called today and told me he was charged yesterday and has to go to magistrates court on the 21st

nickymanchester Wed 08-Jan-14 16:18:24

What will probably happen is that the magistrates court will pass the case straight up to the crown court. The reason for doing this is that serious offences can only be dealt with at the Crown Court.

He will then likely be bailed to appear back at the Crown Court for the case. Although, there is a slight possibility that he may be refused bail.

It could easily take up to 3 or 4 months before a date is arranged for the court case.

Emz8369 Wed 08-Jan-14 19:30:30

yeah we have been warned it may take a while before we get a trial date

nickymanchester Fri 14-Mar-14 12:13:09

Just saw the update on your other thread.

I take it that the 8th April is the Crown Court?

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