Keeps going back to prison will he get longer

[Porridge43]

Perpetrator was originally given a prison sentence for domestic violence. Once they take of the half sentence etc . He was meant to do 4 months. He's now done roughly 3 years in prison in all. Because he gets let out on licence or end of sentence. And within 24hrs to 8 days he breaks restraining order and gets sent back to prison either via recall or via court. It's now the 4th time He's gone back.

So in wondering is it just going to go in the same circles of he gets given 9 months for breaking restraining order. Does 4.5 months realised from prison breaks restraining order within days back to prison for the rest of his sentence. Or eventually could a judge say this is enough go prison for 5 years

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afaik every offence has a maximum sentence that judges have to adhere to - if someone is a repeat offender this doesn’t change as is law so unless the offender does something much more serious and gets a bigger sentence then yes just same thing in circles as you say

It will always depend on the perceived seriousness of the offence, the possible maximum sentence for the crime then how the judge weighs up the aggravating and mitigating factors which can add or deduct time to/from the sentence. Previous convictions are the former, an early guilty plea the latter.

TBH if the sentences he’s been receiving have been <12 months, he’s not likely to receive a custodial sentence at all under the new reforms announced on Monday (prisons are full to bursting and there is pressure being applied to the judiciary to avoid custodial sentences for all but the most serious offenders).

He originally got 18 months for domestic violence. That got halfed. Then he was gate arrested back to prison. He gets let out for like a week ish. Then gos back another 9 months. Then let out on licence half way of sentence then back I'm again for breaking restraining order.

It saying breaking restraining order can be (up to) 5 years he's known as a heigh risk offender . I pray they don't just leave him out next time round but who knows

The sentencing guidelines are on the sentencing council website, you can look up whatever offence it is and it will show you the starting point and sentencing range, plus the aggravating and mitigating factors that will be taken into account.

As others have said, a magistrate or judge can only give a sentence within the guidelines for each offence.

It's not the case where they can add up all the history and decide someone is taking the piss and go outside of the individual offences they're in court for and impose something else.

In the UK we used to give IPP indeterminate sentences for public protection but they're not used anymore as they were so flawed and a breach of individual human rights.

Though some people are still serving IPPs imposed years ago, they were abolished for new cases years ago.