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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70416
Experience:  Over 5 years in practice
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My nephew age 16 yrs, was sentenced to 6 months custody yesterday

Customer Question

My nephew age 16 yrs, was sentenced to 6 months custody yesterday at youth court. District judge presided. First offence and pleaded guilty to violent disorder as caught up in footbal riots, throwing a bottle. What is the scope for appeal? He is at wetherby YoI. In health care as emotionally distressed
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is Jo and I will try to help with this.

You have a right of appeal any decision of the Magistrates or Youth Court to the Crown Court. That does include sentence. You do not need permission. You must act within 21 days of sentence.

You have to show that the sentence was manifestly excessive. It must be said that on a first offence, even for a serious offence of public order, this is rather heavy but then I haven't seen the aggravating features of this case.

That said, on a guilty plea entered at the first opportunity 6 months would be reduced from 9 months which is a heavy sentence bearing in mind that the maximum sentence is 2 years at the youth court.

District Judges are professional lawyers but some of them are unreasonable. There are some that are lunatics.

Hope this helps. Please let me know if you need more information.
Customer: replied 3 years ago.
thank you so much
Expert:  Jo C. replied 3 years ago.

No problem and all the best.

Please remember to rate my answer.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’.