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Legal matters

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Original poster

Anyone work in law ?

7 replies

Oneoff45 · 07/05/2023 22:55

Hi I was just wondering. If a domestic violence offender . Went to prison. Ended up doing their full sentence due to breaches of restraining order whilst in prison. Then got out of prison. Not on licence. But some type of supervision (I don't know the name of it) but this it was for 2 months . But Within 24hrs of being out of prison. The person breaks the restraining order. Constantly contacting the victim. This gets reported ect. After 3 weeks the offender gets arrested.

This is going to crown court the person is on remand . If the person gos to prison or even let out due to time on remand. What happens if he breaks restraining order again within 24hrs of being let out. And basically does the same over and over

OP posts:
MinnieMountain · 08/05/2023 05:41

Ask for this to be moved to Legal OP.

Original poster
Oneoff45 · 08/05/2023 09:13

I was not sure if thete will be much traffic on legal board

OP posts:
prh47bridge · 08/05/2023 11:35

This is the legal board and there is plenty of traffic.

What you are describing would be classed as a persistent breach of the order which would increase the sentence. The actual sentence depends on the level of harm or distress caused to the victim and any mitigating or aggravating factors. Committing an offence whilst on bail is a statutory aggravating factor. Being subject to post sentence supervision is also an aggravating factor. Based on your description, there are at least two aggravating factors and no obvious mitigating factors.

For a persistent breach, the sentence is double that for a single breach and four times the sentence for a minor breach. In simple terms, he is going back to prison.

Original poster
Oneoff45 · 08/05/2023 12:06

prh47bridge · 08/05/2023 11:35

This is the legal board and there is plenty of traffic.

What you are describing would be classed as a persistent breach of the order which would increase the sentence. The actual sentence depends on the level of harm or distress caused to the victim and any mitigating or aggravating factors. Committing an offence whilst on bail is a statutory aggravating factor. Being subject to post sentence supervision is also an aggravating factor. Based on your description, there are at least two aggravating factors and no obvious mitigating factors.

For a persistent breach, the sentence is double that for a single breach and four times the sentence for a minor breach. In simple terms, he is going back to prison.

What does mitigating factors mean?

Hope he does go back. He's been on remand around 8 weeks so that's 2 months taken of his sentence.

OP posts:
prh47bridge · 08/05/2023 12:11

Mitigating factors are things that reduce the severity of the offence. Examples would include age, lack of maturity, mental disorder or learning ability linked to the offence and prompt admission of the breach.

Original poster
Oneoff45 · 08/05/2023 12:41

prh47bridge · 08/05/2023 12:11

Mitigating factors are things that reduce the severity of the offence. Examples would include age, lack of maturity, mental disorder or learning ability linked to the offence and prompt admission of the breach.

Oh thank you . He's admitted the breach. Pleaded guilty. Thete us another charge of staking that he's pleaded not guilty. Waiting for a trail at crown court

OP posts:
prh47bridge · 08/05/2023 13:17

A guilty plea will reduce the final sentence by up to one third, depending on when he admitted the offence.

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