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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70200
Experience:  Over 5 years in practice
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If someone fails to complete their community service and leaves

Resolved Question:

If someone fails to complete their community service and leaves the Country, what is likely to happen if they return? The offence was drink driving and it was 6 years ago. This would be the second time this has happened. The first time the offender was sent back to court and given more community service. His passport was not confiscated. He would be coming back with his infant son. He is afraid of the consequences.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
-Could you explain your situation a little more?
Customer: replied 2 years ago.
My son was part way through serving a community service order following a drink drive conviction. He went on holiday to Thailand (with the permission of the probation service) but missed his flight back home. That was six years ago. He now has a partner and a two year old son and needs to come back home temporarily. He realises that he will probably be arrested at the airport and sent back to court but is worried that he may have to serve a prison sentence and not be able to return to his family.
Expert:  Jo C. replied 2 years ago.
It is possible that he could be picked up.
Probation have almost certainly asked for revocation and re sentence given the passage of time.
This offence would never normally attract a custodial sentence unless a person had horrendous previous convictions. The problem here is that he has demonstrated in the clearest terms that he doesn't intend to comply with a community order. Therefore the Court will have to look at alternatives. A conditional discharge is not likely. A find is a possibility but not likely. Failing that he is facing either a short custodial sentence or a suspended sentence. They will want to avoid a custodial sentence if possible so a suspended is a possibility.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.
Would they have the right to confiscate his passport?
Expert:  Jo C. replied 2 years ago.
No. We don't do that.
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