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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70417
Experience:  Over 5 years in practice
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A 30 year old friend was given a 12 month suspended at Christmas

Resolved Question:

A 30 year old friend was given a 12 month suspended at Christmas in Wrexham for drug possession. He has now been arrested in Llandudno at 2am for domestic violence with his partner and is currently in custody. Will he automatically go straight back to prison please
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

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

Do you mean he is in police custody not on remand?
Customer: replied 3 years ago.

I'm not sure. He was arrested at around 2am this morning

Expert:  Jo C. replied 3 years ago.
Yes, he is police custody then.

Does this young lady have a history of making allegations against him or is this the first time?
Customer: replied 3 years ago.

unfortunately this is not the first incidence of DV but she withdrew the allegations last time. If she withdrew again will my friend still be charged because he is already on a suspended prison sentence and if he is is he likely to be given bail or sent straight to prison

Expert:  Jo C. replied 3 years ago.
Yes, they could summons her to court I'm afraid.

Ultimately if she doesn't go though then they will have to drop the case against him and his suspended sentence will only be invoked if he is convicted but the problem is that he could be remanded whil he waits for a trial.

In terms of the suspended sentence, it is possible that it could be invoked. It depends on a number of factors.

The court must either invoke the suspended sentence in full or in part of make the community requirements more onerous. To avoid custody he must convince them that it would be 'unjust' to impose custody.

The advantage he has is that the suspended sentence is for a dissimilar type of offence.

Generally speaking though there are two considerations. 1 How is the community order going. 2 Has there been a change of circumstances.

If a person is complying with the community order then that is a good start.

If, for instance, a defendant has got a job or a college place since the date of the suspended sentence then a court would smile upon that.

As a rule though, its likely that the sentence would be imposed in part. Its never imposed in full.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.

Jo
Jo C. and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Thank you for that. One more thing. Would it be possible for you to contact Llandudno police station direct to ask what is his current position, ie will he stay in custody or be released on bail. I would of course be willing to pay extra for this. Or would this breach confidentiality?

Expert:  Jo C. replied 3 years ago.
I can't make phone calls for you under the rules of this site and the police won't tell me anything anyway because I am not acting for him.

He can phone you from the station though.
Customer: replied 3 years ago.

OK. Thank you very much for your help

Expert:  Jo C. replied 3 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/