How likely is it that XP will have to go to prison?

[Aimsmum]

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It is a distinct possibility but by no means definate. The fact it is from a charity does make it worse. If he has no previous convictions and shows remorse, and perhaps and effort to repay something, he may end up with a suspended sentence together with a community order with either or both supervision from probation (ie perhaps some help re the gambling)and a hefty bit of community service. He does need to prepare for the possibility of prison though. It would be relatively short - in the region of 6 months max.

Am a criminal lawyer and this is what I would advise a client in these circumstances as well as getting some sort of psychiatric report re his gambling addicition. He does need to be willing to change if he is to stand any chance of avoiding the clink of the prison gates behind him though.

Theft from employer is always seen as serious because of the breach of trust involved. If he doesnt have any convictions for similar offences he may not go to prison. Reports will no doubt be ordered before sentence, and he may get a community sentence that includes a condition that he addresses his gambling problem. it sounds like he does need some sort of professional help.

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If he's on benefits or on a low income , the court won't expect him to repay it all in one go. Small installments can be ordered. But I would expect them to make an order to do this to repay it.

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In my experience (writing Pre-Sentence Reports) there is a chance of him getting a prison sentence - due to the breach of trust aspect of his offence. If he is out of work, he could presumambly make a claim for benefits and pay a nominal amount back to the company prior to his court hearing.

If he is unemployed at the time of sentencing, they are likely to order that he pays compensation at a rate of £2.50 a week or another nominal amount.

As for addressing his gambling, a community sentence with a condition of treatment would mean that he would have to attend appointments as directed by his Probation Officer, but they have no control over how well he engages in that process if you see what I mean. He could just go along to groups/psychiatric treatment/ Gamcare etc and just nod his head in the right places. He needs to want to get help for his gambling for that part to be effective.

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I was previously a lawyer too - I'd agree with everything said above but there are a few things I'd suggest that he can do to make it less likely that he will get custody. Defendants often say that they are going to get help with problems and that they are going to pay something back - it looks a whole lot better if they have actually started to do something about it, so I'd suggest back to GA immediately and if the case takes a while to go to court taking some sort of part time job or doing anything to get a little bit of money together to start paying compensation would help. A genuine and fullsome letter of apology to the court and former employer also establishes contrition - please ask him to discuss these mattters with his solicitor asap - and make sure he gets a good one - personal recommendation is best.

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Hi Aimsmum, as a magistrate, I would say that ladyhelen2's advice is spot on. My guess would be a lengthy community order with unpaid work and support for addiction counselling, all quite probably under a suspended sentence order. The only problem is that there are (as far as I know) no accredited treatment programmes available to treat gamblers through community orders so the probation service will have to persuade him to maintain his own progress which is not as satisfactory. As prison is a possibility for this offence he will have to be represented in court, but I have no idea whether or not he is eligible for Legal Aid under the new Rules - sorry

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I have not read anything here to say whether he is going to plead guilty or not, and that would make a big difference to sentence.

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Also forgot to ask, are you in England? Scottish law differs from English, Welsh and indeed Irish law.....

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In England if there is a risk of custody you really should get legal aid.

Also helpful for mitigation are character refs - basically letters from people who know him, who are themselves of good character (i.e. no prev convictions) and preferably who are demonstrably good sorts.(coppers/magistrates/teachers/vicars/just successful solid good eggs) Anyone who can say he has been going through a bad time and has been gripped by his addiction but seems genuinely contrite to me. Also any other bad things that have been going on eg divorce? did he take a turn for the worse after that?

Also helpful would be a letter from GA saying that he has been attending since x date. He must start going now though as he is at risk of prison and should do everything he can to minimise the sentence he receives, whatever it may be.

guilty plea means you get less. he should have been told this already though.
Good luck

Sorry I can't help with Scottish law, but all the above advice is very sensible. I think it unlikely he will go to prison for this - government guidance is that they don't like magistrates putting people in jail cos they're all full ....

Assuming you care what happens to XP that is...!! Hope DD is ok though - even if he does go inside, it will only be for short term and perhapys you don't even need to tell her where he is - working abroad or something?

Let us know what happens.