Arrested and on a suspended sentence

[MaybeMrs]

Arrested last night. Not sure on charges but he smashed up a house with his gf and children inside. Had taken drugs and was very aggressive. Is he likely to be remanded as he is on a suspended sentence?
He has caused no end of trouble and for the health and safety of family members I hope he is.

Who is this? Can you give more details. What is he already on a suspended sentence for?

I think he would he have to be convicted of a crime due to his behaviour last night though, not just arrested.

I’m no expert though

Yes and so he should be .

Is the suspended sentence he’s serving similar to what he has been arrested for/likely charged with?

This might be helpful www.sentencingcouncil.org.uk/outlines/breach-of-a-suspended-sentence-order/

Very likely! He will most likely be brought to Court today and given he's committed further offences whilst on a suspended sentence order, especially with children present, I'd be more surprised if the Court didn't activate the suspended sentence.

They will look at whether bail conditions would mitigate any risk - such as failing to surrender at a future hearing, committing further offences, intimidating witnesses etc. If not they’ll likely remand him.

If he’s convicted of the new offence, it’s likely his original sentence will be “activated” - ie he’ll go to prison for the original term as well as for the new offence. But that’s if convicted.

I think it’s a an automatic recall to Prison. That’s the whole point of a suspended sentence. It’s only put on hold. Put on toe out of line and that’s it even if it has nothing to do with what you were originally sentenced for. Sounds like he needs to be in jail

It’s my BIL. I’m so disgusted in him. My in laws are stressed to the max with his behaviour and I worry so much for them. Me and DH have been today and took his things from his gfs and brought them to his house so she doesn’t have to see him again. She has a very young baby too. His suspended sentence was for drunk driving and fleeing from the police. But he has had other incidents of violence in the past few years.

So - step one. The police will decide whether to charge. They have 24 hours to do so if they want to keep him in custody. He'll then be before the Magistrates.

His solicitor could make a bail application for him. The CPS will either agree or oppose. They can only oppose if there are substantial grounds to believe he would commit further offences, fail to surrender, interfere with witnesses, etc.

The fact he has previous and is on a SSO is relevant to this. If he has any other markers (offending on bail, non-compliance with orders etc) that will also be factored it. Clearly, what he is charged with also matters.

ETA: The SSO can only be activated in full or part when sentencing for the new matters.

It makes you wonder are they waiting for him to kill someone