Suspended Sentence

[gemjar81]

A family member has to hand themselves in tomorrow for 'Criminal Damage - Arson Endangering Life'. He is on a six month suspended sentence for 18 months (about three months in), my query is;

1. He says this new crime was committed a long time ago but "they've only just got him for it", will this count as being committed during the suspended sentence and;
2. He's got previous, drink driving, taking without consent, a few petty things, how long do you think he is looking at?

He has told us nothing more than the above, we don't know what the crime exactly is or any details. I haven't seen him for a couple of years, for many reasons, but his parents are not handling this well.

Thanks all

Drink driving and taking without consent are not ‘petty’ crimes.

For something that sounds like he attempted to murder somebody by burning them to death? Hopefully, Life.

If the offence predates the operational period of the suspended sentence it won't count in that respect.

@Soontobe60 I'm so sorry I've just read that back, I meant plus a few petty things as well such as stealing a bottle of vodka - he's a raging alcoholic. Apologies for how that reads, will amend if I can.

@NeverDropYourMooncup I'm inclined to agree, please don't think I have any sympathy at all for him, just the parents, they have tried and tried to help but he's a lost cause.

@GeraldTheGoodMouse thank you, that's what I suspected, shame really but good to know.

Have a look at the sentencing guidelines to get a better idea. But sounds like he has a few aggravating factors and wouldn't be classed as someone of good behaviour so will count against him. SSO wouldn't be activated but the offence in itself likely meets the custody threshold. Whoever is supervising him will complete a report on his response to supervision.

The Arson matter can carry a hefty custodial sentence in itself.

Good advice on the thread so far.

But he’s told you half the story and that’s why it doesn’t make sense.

If he has committed this before the suspended sentence was imposed he should be okay. If it’s during the suspended sentence or towards the end, they might activate the sentence in full or in part.

he sounds a nob

Just re-read, I’m pretty sure arson goes to the crown court straight away

So I've just been told he now doesn't have to hand himself in for a month, I don't understand how this works, surely being as serious as it is they would want him to surrender sooner rather than later? Thanks for the advice so far, I'm trying to relay to the parents as they have half a story and no idea what is possible in this situation.

Also yes, he is a knob! He's so far past help and everyone has tried over the years, prison would be the best place for him.

How does he know he has a summons then?was he not arrested?

Has he been arrested and interviewed yet or is this to court? Do you know what he torched and is it domestic related or anything like that?

@ZolaBudd he was arrested and released on bail to surrender tomorrow but apparently now this has changed to next month, although he could be lying, I don't know if they change things like that?

@Fenellapitstop he's been attested and has a change sheet, seen a screenshot he sent which is not clear as he's taken it up close so literally all I can see is the charge and date to surrender.

Ok, they can extend bail if they are waiting for decision or there is outstanding enquiries

As above - can be re-bailed to attend at a later date if further enquiries are needed.

Ok, that makes sense. Was kind of hoping they would take him in tomorrow and just start the court process and possibly detain him so it's all wrapped up sooner rather than later - for his parents, not for him.

The sentence he will get for the arson offence (if convicted) depends on whether he intended to endanger life and the level of harm caused. He has previous offences, which is an aggravating factor and there may be other aggravating factors. I can't see any mitigating factors. He will get a reduced sentence if he pleads guilty. However, he is almost certainly going to prison, probably for several years.

(He prob won’t be remanded before trial )

Do you know what he set fire to?