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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

1st time at Magistrates Court

68 replies

Nothininmenoggin · 26/02/2019 21:46

Posting for traffic here so hope some magistrates or lawyers can answer this. My son is due at magistrates for backchatting a BT policeman and riding his bike on the platform, he didn't realise you couldn't do this and platform was empty at time and he had literally seconds to get on train.
Unfortunately he has a spent sentence which he received as a youth just wondering if the magistrate will be told of this when he appears before him and if so do they take previous convictions into account. He has turned his life around since youth conviction I'm just scared this will hamper his chances of the career he wants to pursue in the armed forces. He has written a letter pleading guilty to the court and is genuinely sorry. He is worried that the magistrate will be convinced he is a bad person because of the past.

OP posts:
Vanillamanilla1 · 26/02/2019 21:53

How ok is he now ?...how old was he then ? Was it a suspended sentence? ..if so how long ?

Original poster
Nothininmenoggin · 26/02/2019 22:02

Hi Vanilla he was 17 and got a 12 month youth referral order engaged well so it was suspended after 9 months. He is 18 now I know it is only 18 months approx between the events so doesn't look good. Are the magistrates informed of any previous convictions? Thank you for answering.

OP posts:
Original poster
Nothininmenoggin · 27/02/2019 16:28

Hi Vanillamanilla1 just wondered if you had any inside knowledge on my original query. If not has anybody got any idea if magistrates are aware of any previous spent convictions. Any info on this would be appreciated thank you.

OP posts:
Iwantamarshmallow · 27/02/2019 16:35

I found this on Google..

Following a guilty plea or conviction in a trial, the magistrates would be told of any previous convictions and whether the offence had been committed while the defendant was on bail or on licence (released from prison before the end of their sentence). This makes the matter more serious.

Original poster
Nothininmenoggin · 27/02/2019 16:44

Marshmallowthanks so much for replying to me. Previous sentence is now spent and he is going to plead guilty anyway. I just hope it doesn't affect his chances of getting the career he wants. Kids eh?? I can honestly say the baby stage was a breeze but teenage years OMG, nightmare. I thought there might be some magistrates and lawyer out there on MN that could give me the facts but thank you for taking an interest.

OP posts:
Boobiliboobiliboo · 27/02/2019 16:47

A friend is a magistrate and has mentioned to me before that she gets a “rap sheet” for defendants that shows offences going back to teen years.

UrsulaPandress · 27/02/2019 16:49

I thought they were not aware of 'previous' until after a verdict has been reached.

Bellasorellaa · 27/02/2019 16:50

seriously op hes hardly pablo escobar get over it

Iwantamarshmallow · 27/02/2019 16:52

Years ago as a support worker I went to court with a young person and if I remember rightly the magistrate did know of this previous convictions and did take them into consideration.

Original poster
Nothininmenoggin · 27/02/2019 16:56

Hi Boobilibooiliboothanks for the info he us going to write a letter of apology too for his behaviour ( he told the policeman to fuck off) jeez if only he had come off the bloody bicycle when he was asked too then it could have been resolved. Too gobby for his own good. Ah well will see what happens. Like Ursula thought I was under impression they were only told of any previous after verdict had been reached less it swayed their opinion. Thank you for replying ladies.

OP posts:
Boobiliboobiliboo · 27/02/2019 16:58

My friend appears to be, but is still limited by punishment guidelines.

ems137 · 27/02/2019 17:00

What I find totally ridiculous is that your son is being prosecuted for telling a copper to fuck off and yet much worse crimes go unpunished!

Nomorepies · 27/02/2019 17:01

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This has been withdrawn by MNHQ on the poster's request.

Nothininmenoggin · 27/02/2019 17:01

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havingtochangeusernameagain · 27/02/2019 17:04

I really can't imagine the Armed Forces will worry about a teen cycling on a station platform and telling a BT policeman to f off. It's silly but we've all done silly things as teens. It's ridiculous that it's even going to court, but that's our lovely rail system and BT police for you.

Magistrate will give him a rap over the knuckles, maybe some sort of short community sentence or more likely a fine.

MinisterforCheekyFuckery · 27/02/2019 17:05

I thought they were not aware of 'previous' until after a verdict has been reached

That's juries you're thinking of.

Fairenuff · 27/02/2019 17:12

I'm not sure that 'back chatting a policeman' is a criminal offence. What has he actually been charged with?

Kneehigim · 27/02/2019 17:16

Also interested to hear the charge.

LilQueenie · 27/02/2019 17:17

he told a police man to fuck off but wants in the armed forces. good luck with that. He shows no respect as it is.

PoachedEggOnToast · 27/02/2019 17:22

Yes they will be made aware of his previous so they can sentence appropriately.
What has he been charged with and what was the previous conviction for? If this is his second offence of the same type then it will impact sentencing, if his previous is unrelated to this new offence then probably not so much

Dotty1970 · 27/02/2019 17:28

I can't see what Bella said so bad for your response to her, a bit ott 😯

JasperKarat · 27/02/2019 17:34

It must've either been quite serious or not a first incident to get a youth referral order, the youth justice principal is to not criminalise young people and apply out of court disposals wherever possible to keep them out of the justice system. Unfortunately your son is now an adult and will be dealt with as such, it is a shame he didn't take on board the work completed with his YOT officer, adult probation is somewhat different and he will be breached if he doesn't comply, must be on time and attend all appointments and engage with whatever hrs asked to do, youth is much more flexible and balanced between risk to others and the safety and well-being of the young person , so a lot more leeway is given. The magistrate will know of all previous. I'd expect UPW, a fine or both

RedHelenB · 27/02/2019 17:49

As he's pleading guilty it will go straight for sentencing and so they will know of past convictions. Kids ufortunately get away with acting like this at school and then forget a shock when they're picked up for it in the real world. He carried on riding has bike when told not to and told the police to f off. It's not going to be ignored.

Fairenuff · 27/02/2019 17:52

If he admitted the charge I'm surprised he didn't just get a caution.

To answer your OP, yes the magistrate will be made aware of previous convictions.

Coronapop · 27/02/2019 17:58

TBH I don't think magistrates will believe he has turned his life around if he blatantly disobeyed a police officer and swore at him. You have not said what he is charged with, that could make a difference to the sentence. Magistrates are given the record after a guilty plea, or after the defendant is found guilty. It might be worth employing a solicitor to speak for him especially if he is prone to kicking off.

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