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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69367
Experience:  Over 5 years in practice
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Another point my friend is fighting is pocket money whilst

Customer Question

Another point my friend is fighting is 'pocket' money whilst in prison. The prosecution are going to go back to court to prevent her son from taking money from her bank account and sending it to her monthly as was first agreed at the trial. She uses these funds for basics whilst in prison e.g. shower gel, shampoo etc and topping up her phone card to phone her sons. This is not extravagant and her son keeps all the receipts when transferring the cash to postal orders. We understand that this bank account is part of her assets and eventually anything left will be taken into account as monies owing. Does she have any civil right to keep accessing this money for basic, everyday needs as we are not allowed to send her anything to assist her in this way?
Thank you.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

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

-Could you explain your situation a little more?

Customer: replied 2 years ago.


Sorry Jo. I assumed I was talking to the same person for my previous question.


 


My friend is in prison after spending money belonging to her godmother. The godmother gave consent for her and her husband to spend money paying off their debts and altering their house to accommodate her. Unfortunately she had a fall and went into a home. She now has dementia and couldn't testify that their version of events was true, despite the fact she had told a number of us that this was the case.

She is the main beneficiary of the godmother's will. When anything happens to her my friend would inherit her house and money anyway.


 


The prosecution are now returning to court to rubber stamp the proceeds of crime figures and are insisting that her son cannot withdraw any money from her bank account to send via postal order to prison. The money in the account was from her last pay cheque and her husband's. Her son has kept receipts for the money sent to her. Both her sons have just taken on a mortgage for the first time and are getting married soon so they do not have any funds to spare, no matter how they try to adjust as they are not on great salaries. They have been told they will have to find the money themselves.


 


I wasn't sure if there was any law requiring a basic allowance to be available to her whilst in prison?


Thanks.

Expert:  Jo C. replied 2 years ago.
Thank you.

Under the proceeds of crime act you are entitled to a basic allowance but it does not extend to serving prisoners I'm afraid.

She will get a certain income in prison but usually she has to be a working prisoner to achieve that.

Unfortunately it is unlikely that a basic allowance could be paid out of monies subject to a proceeds of crime application while she is serving prisoner.

I'm very sorry but I have to give you truthful information.

Hope this helps. Please let me know if you need to know anything else.


Jo
Customer: replied 2 years ago.


Many thanks for your help.

Expert:  Jo C. replied 2 years ago.
No problem and all the best.

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’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

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