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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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ROTL/SPL from prison birth of child

Customer Question

My husband is currently serving a prison sentence for causing death by driving without due care or attention. He was sentenced in January to 44 months.
I am 7 months pregnant and really want my husband there at the birth of our first child. The prison seem to be dragging there feet and are being less than helpful. We also think he was categorised wrongly but that's a whole other issue. Do you know what the chances are of him getting ROTL/SPL for the birth? Is there anything else we can do. He has no previous convictions and has been deemed low risk on all his assessments. He has had excellent reviews from the guards and positive IEPs and is in education at the prison whilst also working as a classroom assistant.
Submitted: 2 years ago.
Category: Law
Expert:  Nicola-mod replied 2 years ago.
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Customer: replied 2 years ago.
I am ok waiting for an answer.
We have tried everything we can possibly think of and we need help to see where we stand and to find out what else we can do.
If you need any further information please let me know.
Thank you
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Customer: replied 2 years ago.
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Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
You do have an argument under Prison Rule 9 here
http://www.insidetime.org/resources/Rules/English-Prison-Rules-2010.pdf
that he should be granted temporary release in order to maintain family ties.
It should only be refused if the Governor thinks he is actually at risk to the public.
Can I clarify anything for you?
Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69785
Experience: Over 5 years in practice
Jo C. and 2 other Law Specialists are ready to help you
Customer: replied 2 years ago.
He has had a meeting with his Offender Supervisor and the head of the OMU for the prison. Who were rather unprofessional- laughing and winking at each other- they told my husband that if he had gone out and murdered 50 people that he would still be a low risk prisoner because he is a first time offender so they don't take much notice of his risk categories.
They said SPL for the birth would be unlikely to be granted because the date cannot be confirmed as we obviously cannot state when exactly I will go into labour or when our baby will be delivered. They have told him he may have to wait 8 weeks to sit board and to wait for references from parole and from the police. My due date is in less than 8 weeks.
I am lost and don't know where to turn next. It seems like they are purposely dragging their feet so as it will be too late. I don't know whether I should take on a solicitor at this stage to see if there is anything they can do or if we are just fighting a losing battle. I know that's not so much a question but any advice would be appreciated. We are desperate and I don't know enough about prison law to be able to do anything.
Expert:  Jo C. replied 2 years ago.
I do see their point about it being an unconfirmed date although you can give a rough date range and they know that perfectly well.
It doesn't take them long to agree this. With things like family funerals they can do it in a few days.

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