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Original poster

mn lawyer types: is this a harsh sentence?

8 replies

hatwoman · 26/01/2007 17:15

what are the implications of a suspended sentence and how different is it from a "conditional discharge"? I ask with reference to this case . in your opinion was it a harsh sentence? or were they lucky not to go down?

OP posts:
Original poster
hatwoman · 26/01/2007 22:10

bump just in case any lawyer types are around.

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Callmemadam · 26/01/2007 22:34

Hi hatwoman; as a magistrate it would be wrong of me to comment on a particular case, but the difference bewtween the two sentences is one of seriousness IYSWIM. A conditional discharge means that although you have been convicted of an offence, you will not be punished UNLESS within a gicen period (say 12 months) you are convicted of another offence, in which case you will be sentenced for botn the new and the old offence. Commonly a CD is used in cases such as minor shoplifting or breach of the peace where it is not considered likely that the offender wil repeat the offence. A suspended sentence means that the offence was SO serious that a custodial sentence was justified in all the circumstances, but that suspension of the sentence for a given period was considered an acceptable alternative to immediate custody. This may be because the offender is certain not to repeat the offence, or is able to undertake certain work with the probation services that will direct him or her away from reoffending, and the suspended sentence means that if they do reoffend they will be send to custody immediately. For example, a disqualified driver who receives a suspended sentence with a requirement to do unpaid work in the community ('community punishment') and refuses to do the work will be brought back to court and the sentence activated. Does this help? Am happy to explain further.

Callmemadam · 26/01/2007 22:35

Sorry about typos

edam · 26/01/2007 22:40

I caught a radio interview with the husband and wife team before the case came to court. Apparently they believed the police were turning a blind eye to what they were doing. Some of their customers were coppers (one bought for her mum).

Very sad all round.

foxinsocks · 26/01/2007 22:42

did you see the interview with the woman? apparently they made no profit from it. She was very emotional (understandably).

Original poster
hatwoman · 26/01/2007 22:43

that does help yes - thanks. as a lay person my reaction is along the lines of it being good they didn;t go down - but I can see it wasn't as good as a CD. - which I think they were hoping for - well, they were hoping not to be convicted in the first place.

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Original poster
hatwoman · 26/01/2007 22:47

I've followed the case quite closely - there are several links here . I think it's really sad. and the state of the law makes me very angry. and yes - they had been told in the past to just be discrete. then one of their packages burst open in a sorting office, plus the law lords effected a change to the law with regard to the defence of necessity - so I guess the police felt compelled to pursue the case.

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foxinsocks · 26/01/2007 22:50

the whole justice system seems a mess at the moment doesn't it

the NOTW bloke going to jail, paedophiles not sent to jail, persuing a case against those 3....

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