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Victims of crime

Mumsnet has not checked the qualifications of anyone posting here. For free advice contact Victim Support.https://www.victimsupport.org.uk/

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Original poster

Ex got probation - what does that mean?

25 replies

purplepolo · 19/10/2020 16:00

I'm still waiting on a call from the police to let me know all the details, but my ex has rung me after court and says rather please with himself "I only got probation, told you I can talk myself out of anything" and laughed.

He went to court for DV issues between me and him, could someone explain what it means? Does it basically mean he's gotten away with it?

OP posts:

Mydogatemypurse · 19/10/2020 16:21

It means he was given a community order. It can include a number of requirements and restrictions. Normally an aspect of punishment and rehab would be one to one or group.

Mydogatemypurse · 19/10/2020 16:22

If he fails to comply with the order he could go to prison.

wizzywig · 19/10/2020 16:23

He is serving his sentence in the community. Likely to have requirements to attend programmes.

Squirrelonwheels · 19/10/2020 16:33

Contrary to the impression he’s trying to give, a community sentence is a serious sentence - there are basically three types of sentence; a fine, a community order or custody. A community order will last for a set period of time and have requirements attached to it (these could be punitive eg unpaid work and/or rehabilitation eg anger management course) - if he fails to engage with the order then probation will take him back to court and could ask for him to be resentenced which could result in prison.

Undergrad20 · 19/10/2020 16:45

This means he has been convicted. He hasn’t gotten away with it at all!

BananaPop2020 · 21/10/2020 01:05

He may well have been given a suspended sentence with requirements attached. Was a Restraining Order discussed with you prior to sentence?

SoloMummy · 21/10/2020 06:17

When police get in contact explain he contacted you immediately and alert his probation officer.

Bluntness100 · 21/10/2020 06:22

www.gov.uk/guide-to-probation

He thinks he got away with it because he didn’t go to prison.

Original poster

purplepolo · 21/10/2020 06:59

Hi all thanks everyone for clearing up! So police never rang me :( but I rang the court and asked what happened exactly.

So he's court was actually adjourned until middle of November, but is on unconditional bail (the lady on the phone even seemed to question that one...) he's also on probation but they are considering custody.

So my next question lol...what do they mean by considering custody?

OP posts:

slipperywhensparticus · 21/10/2020 07:03

He isnt repentant so they will see if they can lock him up

Speak to the police make sure you can get a non mol either way

He really shouldn't be calling you its intimidation

Bluntness100 · 21/10/2020 07:03

He might go go jail.

Is he on probation for something else? Because he can’t be on probation and on bail unless it’s two seperate crimes.

ChampagneCommunist · 21/10/2020 07:14

Sounds like he's been convicted but not sentenced yet. The adjournment is for sentencing reports to be prepared.

So, he could still be sentenced to custody

Rainbowqueeen · 21/10/2020 07:18

He hasn’t been sentenced yet. Not in the Uk but have you been asked to do a victim impact statement?? It’s a statement setting out how his offence has affected you.

If you’ve done one already I’d ask if you can amend it to add what he has said to you. It shows his complete lack of remorse.

Bluntness100 · 21/10/2020 08:04

That doesn’t make sense, probation is post conviction, bail is pre conviction, isn’t it? So you can’t be both, unless it’s two seperate court cases.

Squirrelonwheels · 21/10/2020 08:10

It could be that the court has requested a pre-sentence report which means that probation will be asked to meet with him and produce a report giving their opinion on his suitability for different sentences. This isn’t binding as it’s the courts decision but will help the court make that decision. “Considering custody” means that the court will have asked probation to include an assessment of the impact of custody on him (they’ll look at likelihood of rehabilitation, likelihood of reoffending etc as well as any specific circumstances such as if he has dependents etc). When the court meets in November he should then be sentenced.

Unconditional bail is the starting point so the prosecution would have had to demonstrate why that right should have been taken away. They either didn’t object to unconditional bail or the reasons for any objections didn’t convince the court. Hope that helps.

chickenyhead · 21/10/2020 08:16

My understanding is that the conviction and sentencing are separate. He would appear to have been convicted but as yet, not sentenced, released on terms, which likely include not contacting his victim.

This will have a bearing on his likely sentence and I would contact the police and court to notify them of the contact. Keep notes and be careful x

madcow88 · 21/10/2020 08:18

@purplepolo

Hi all thanks everyone for clearing up! So police never rang me :( but I rang the court and asked what happened exactly.

So my next question lol...what do they mean by considering custody?

If he hasn't been sentenced and it has been adjourned he won't have probation.

WaltzingBetty · 21/10/2020 08:21

I think the important thing is ensuring that the court (prosecution lawyer and police) are aware that he's immediately contacted you.

He's harassing you and you need a non molestation order.
They also need to be aware of his behaviour as it could affect sentencing.

ApolloandDaphne · 21/10/2020 08:30

I agree with a PP. He is still on bail as he hasn't been sentenced yet and Probation officers have been asked to produce a report in advance of this to consider the options. He may still get jail time, however Probation isn't an easy option and if he fails to do what is asked of him he will be jailed.

RainingBatsAndFrogs · 21/10/2020 09:46

Have you got a police liaison officer?

You need to tell them that he called you and said he had talked his way out of it and laughed. He is deliberately taunting you / trying to instil fear by letting you know that he is a) out and about and b) can perpetrate violence against you without comeback (supposedly).

Please report that he did this.

BananaPop2020 · 21/10/2020 19:28

Yes, these posts make it sound like a Pre Sentence Report has been orderded. Good luck for the future OP 😀

PawPawNoodle · 02/11/2020 03:02

I don't think its adjourned for a pre-sentence report. Those are written after either a guilty plea or a guilty verdict, neither of which appear to have happened if he's just been released on unconditional bail

His counsel has probably told him he's just getting a community order and he's taken it as gospel.

MrsTerryPratchett · 02/11/2020 03:37

Parole and probation are different. Did they definitely say probation?

Despite all that probation isn't a bad thing because he will have a probation officer who you can tell if he acts like the utter arsehole he sounds like.

BananaPop2020 · 05/11/2020 02:08

@PolPotNoodle he could well have been released on Court bail, conditional or otherwise, for a Pre sentence report to be prepared. In fact, the Court can even make it a bail condition that he co-operates with Probation to do so.

grassisjeweled · 05/11/2020 02:10

As pp's have said, report the phone call. It's intimidation

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