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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70515
Experience:  Over 5 years in practice
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my son has been arrested for not adhering to a section 27. We

Resolved Question:

my son has been arrested for not adhering to a section 27.
We have been to his friends (25 years old) funeral. he and 4 of his friends went to a pub after the service. very upset. they had too much to drink and my son was given a section 27. he is on a suspended sentence for a grafiti offence. The police arrested him and he is in a cell sobering up now.
1. i have been advised to go to meet him at 9. will i need to take a solicitor with me as there are mitigating circumstances
2 do you think he will be detained as from now on his suspended sentence.
i am out of my mind with worry
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.

why do you need to meet him?
Customer: replied 3 years ago.

to bring him home hopefully


 

Expert:  Jo C. replied 3 years ago.
Thanks.

On your specific points,

1 If all you are doing is picking him up from police custody then you will not need a solicitor. I do not see what else you can be there for. He is 25 so not in need of an appropriate adult. In any event, unless he wants a solicitor one cannot act.

2 I presume that he does have other convictions as people do not end up on suspended sentences for graffittii related criminal damage unless the damage is literally horrendous.

It isn't really that likely that he would be remanded in custody for breach of a S27 notice alone. The question is whether or not the substantive behaviour is part of his offending modus operandi but, on the face of it, its got nothing to do with graffittii or any similar offence so a remand is unlikely unless, of course, he has a bad record for complying with the Bail Act.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.

thank you


when the police find he is on a suspended sentence can he be remanded in custody to start his sentence or will he go back to court for breaching the section 27?


his offence was a second graffiti offence along with a possession for personal use of a class b or c drug. yes it did seem incredibly harsh but thats done now.


would a good lawyer help if he has to revisit court. he had a duty solicitor last time and i feel he could be better represented.

Expert:  Jo C. replied 3 years ago.
He can't be remanded in custody for being on a suspended sentence.

He can only be remanded if there is a fear that he will fail to surrender to bail, commit further offences, interfere with witnesses or present a risk to himself.

Since he has committed a further offence during the suspended term the sentencing court can either impose the sentence in full or in part of make the community order more onerous. It depends really how well he has complied hitherto. S27 breaches are not the end of the world.
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