Assault of a police officer

[upallnightt]

My sister was arrested for this a few days ago, she is an alcoholic and has mental health issues, no diagnoses but I personally think something isn’t right and that’s what causes her to drink excessively.
I was wondering if it’s taken to court could she be ordered into a rehab facility? Would they recognise she is vulnerable due to her addiction?

I would get her a local lawyer who can argue for mitigating factors. People like your sister are often easy targets for the judicial system.

Does this mean they will throw the book at her? I thought they had a duty of care?

No she can't be ordered to rehab from court, it would be great if she could and I'm part of a pilot in my area to see if this pathway can be established but it won't be for first time offenders. It exists as a pilot in a couple of areas but again it's for those where all other options have been exhausted. Would she self refer to a local alcohol treatment agency? That will also go down well at court if she's seeking help.
She may get an alcohol treatment requirement if she's alcohol dependent which is attending a local community based drug and alcohol service along with probation supervision, she may also get a mental health treatment requirement but that's less likely if she doesn't have a diagnosis.
Is she open to getting support and does she have legal representation?

I don’t know. I just have seen people that I know are vulnerable get treated harshly without these factors getting explained. The other way of looking at it is why should police officers get assaulted? The best you can do is ensure that she has good legal support.

Her solicitor needs to put forward her vulnerabilities and request a pre sentence report from probation, rather than just a magistrate sentencing her. Probation will assess the vulnerability and risk and will suggest rehabilitation focused community outcomes - but it is still ultimately the sentencers decision.

She was made by her partner to go to the doctors in February time and he went with her to make sure she told them to extent of her drinking. They gave them numbers to call but she never bothered. Then lied to us all about it saying that they said they couldn’t help her. She said at the time she just wanted to cut down 🙄 her partner is well aware he is enabling it but I feel for him because my sister is an absolute nightmare and a monster when she’s drunk, she’s drinking right from the morning (cider)

Don’t think I condone her behavior, this has been a long time coming but we’ve tried so so hard to get through to her, she doesn’t want to hear it and accuses us of being against her and not understanding her.

Ok so she won't be eligible for an alcohol monitoring tag that's more for people with problematic or binge drinking you can't have one of you are alcohol dependent, she would be eligible for the ATR but if she doesn't engage with it she will be in breach of her sentence and returned to court. It's really important she is honest about her drinking and mh to her solicitor and the pre sentence report author. Why were the police there?

Whilst it will be given consideration as a mitigating factor, the fact that she has not acted on the help she was offered will go against her.

She may be given a rehabilitation order with a mandate that she seeks support for her alcohol and mental health problems. It will depend on the severity of the attack?

She called them because her partner slapped her. But when she made the call she failed to mention she attacked him first and was hysterical. He acted in self defence there is only so much you can take before you snap. And I know my sister and how much hard work she is. Obviously he shouldn’t have slapped her but she was hitting him, my niece backs this up. She is always a victim

she has also attacked our mum when drunk

And my dh !

What do you mean by a rehabilitation order? She could be given an ATR or MHTR under the CSTR umbrella, or she can be given Rehabilitation Activity Requirement days this is less helpful, as there isn't a defined provider it's self referral or referral to a community agency by the probation practitioner and they are going under the implementation of the sentencing review anyway .

With your updates I think she needs to face consequences of her actions.

Could you let us know know what those initials mean?

She attacked someone’s loved one at work, let them throw the weight of the criminal justice system at her.
she’s a domestic and child abuser (abusing a domestic partner in front of children is considered abuse to the child). Maybe it’s time the consequences of her actions come and find her.

I have in an earlier post, ATR alcohol treatment Requirement, MHTR mental health treatment requirement, this post was a response to someone saying she could get a rehabilitation order when that isn't a current sentencing option so I was clarifying what they meant

She probably does and I’m kind of hoping the police do pursue it as horrible as that sounds because it’s my sister, but I was hoping they would force her to get help to stop drinking and to address/diagnose her issues

It’s still hard to be a part of all this. Alcohol abuse like this is very difficult on everyone around them. I do feel for you as she is your sister and I am sure you just want to see her sober and well.

I am sorry and not sure what help I have but DM was an alcoholic.

These may help:

https://alcoholchange.org.uk/alcohol-facts/fact-sheets/a-guide-to-family-support-services

It is so hard to watch someone you love do this to themselves. She has no friends left, there all abandoned her as her behaviour became more and more toxic. She has pushed her family away with her actions. She just can’t see it. And of course my poor niece has to watch her self destruct and essentially be neglected due to alcohol being the priority.

The difficulty is that no-one can force an addict to change. You can take them to the rehab, but you can't make them stop drinking, so to speak. With an ATR if they don't engage they will be breached and return to see a judge and may then go to prison. She has to realise the consequences of her actions and face them if she's not going to voluntarily make changes to her behaviour.

You can Leah a horse to water but you can’t
make it drink.

she’s already been given the direction of where to go by her GP but she didn’t take it any further.

She has to wait to change for herself.

I very highly doubt the court will enforce rehab. Just punishment.