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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70204
Experience:  Over 5 years in practice
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licence conditions

Resolved Question:

Can licence conditions placed on a prisoner say he cannot live with his wife who was a codefender if both want to work with authorities

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.

when the man comes out of prison he has a six year licence and has been told he can see his wife in open places but no intimacy and can't live together although his wife has had an operation to stop her getting pregnant

Expert:  Jo C. replied 2 years ago.
What is her connection to the offence?
What was the offence?
Customer: replied 2 years ago.

taking inappropriate photographs of a child 2nd offence first in 2003 no prison sentence

Expert:  Jo C. replied 2 years ago.
Ok
What is his wife's connection with the case?
Or does she have access to any children?
Customer: replied 2 years ago.

she was in one photo and she does not have access to any children

Expert:  Jo C. replied 2 years ago.
Thanks.
That will be it. They are saying that she does not appropriate discentivise his offending behaviour.
These are licence conditions. If he breaches then he will be recalled and probably not for the fixed term either. Therefore it is a bad idea.
However, if he is intent then he can judicially review the decision of his probation officer. I suppose there could be a challenge under the HRA o the basis that this is an interference with his right to liberty and have a family life.
Can I clarify anything for you?
Jo
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