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Jo C.
Jo C., Barrister
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Experience:  Over 5 years in practice
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My Son faces court charged with GBH. He has been on bail for

Resolved Question:

My Son faces court charged with GBH. He has been on bail for some time and the case has finally come to Court. If he is found guilty would he be sentenced immediately or would he be called back to court for sentencing at a later date?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Jo C. :

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

Jo C. :

Does he have any previous convictions?

Customer:

Yes. Robbery with an imitation gun, abh when he was under 18 and an assault charge which was dealt with in the Magistrates Court

Jo C. :

How old is he now please?

Customer:

30 in May

Jo C. :

Those convictions are significant but they are fairly old.

Jo C. :

It is quite likely that a Judge would want a pre sentence report upon him and so would adjourn the matter off. Generally speaking they do that now even if cases require long periods of custody.

Jo C. :

However, that does not necessarily mean he will be released on bail.

Jo C. :

He may be remanded while that takes place. Judges do that sometimes.

Jo C. :

The only real justification here would be the likely sentence.

Jo C. :

If he has been attending and there have been no problems then they cannot argue that he is likely to commit further offences or fail to surrender and anyway post conviction the test is much lower.

Jo C. :

higher.

Jo C. :

Probably though, on your main point, they would want a pre sentence report.

Jo C. :

Can I clarify anything for you?

Jo C. :

Jo

Customer:

He has been on probation for the assault charge issued by the magistrates and has attended the appointments when asked. Would this make any difference?

Jo C. :

Only if they say he will flee the jurisdiction but that is not likely really.

Jo C. :

The only reason the Judge would remand him is if he thinks a custodial sentence is inevitable. If this is S20 then it might well happen but it is not inevitable.

Customer:

So really if he is found guilty it is up to the judge as to whether he receives bail or not in between the hearing and sentencing.

Jo C. :

Yes. It is always up to the Judge. Bail is a decision for the Judge.

Jo C. :

Post conviction bail really comes down to whether or not a custodial sentence cannot be avoided.

Customer:

Sorry I don't understand?

Jo C. :

I am not sure how to rephrase?

Jo C. :

Bail is always decided by the Judge.

Jo C. :

After conviction bail comes down to whether or not the Judge thinks he can pass any sentence other than custody.

Customer:

If the judge feels my Son will not turn up for sentencing if found guilty then I supposes bail will not be granted?

Jo C. :

Yes, but that won't happen if he has been complying throughout unless he has a history of not attending in other proceedings

Customer:

He has always attended the hearings when required as far as I know and has attended appointments when asked by probation.

Jo C. :

Flight risk is not likely to be an objection.

Customer:

Thanks for your help

Jo C. :

No problem and all the best.



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Jo C., Barrister
Category: Law
Satisfied Customers: 69983
Experience: Over 5 years in practice
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