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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70416
Experience:  Over 5 years in practice
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My son went on trial today and the district judge released

Resolved Question:

My son went on trial today and the district judge released him due to time spent in custody. Arrangements was made for where he will stay. Few hours later we heard that the governor of the prison decided he needs to spend initially additional 28 days then few minutes later we were told 17 days. The same governor decided he needs to go to a different prison. His crime was breaking a court order not to come to our house. I now regret involving the police. All we wanted was for him to get mental health treatment not become a criminal. The whole treatment he has received to date is appalling and will not help someone that need mental health help. He will now go into further recluse as a result of this debackle. I dont even think the judge will be aware of what this governor decided to do. Please help can this happen in real life? Is a prison governor superior to a district judge?
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.
Does he only have this matter?
Customer: replied 2 years ago.

Yes the reason the governor quoted does

not make sense as the prosecution should have given the judge everything.

Expert:  Jo C. replied 2 years ago.
Well, they should have done that but they don't sometimes. That doesn't mean that the Governor cant do this if there are other matters and the other was wrong.
Was this a District Judge at the Magistrates Court ?
Imposing a sentence following your report?
Or a visiting Judge at the prison?
Customer: replied 2 years ago.

It was a visiting district judge. The reason the governor gave was in the summary the judge gave when giving sentence. Like I said the governor did not speak to us onlt heard third rate information after the judge had closed the case.

Expert:  Jo C. replied 2 years ago.
It is difficult to tell what has happened here.
It sounds as though the DJ added days to his sentence due to some form of misconduct in prison which he can, of course, do.
The prison governor then has taken the view that is inaccurate probably because it didn't take into account the length of his original sentence. It might be that the Governor is wrong or that the Judge was wrong. There is no way of telling remotely. Certainly a Governor is not an appeal from the decision of a District Judge.
If the Governor is wrong then you just appeal his decision to the DJ.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

Thanks for the advice. I think the governor is playing God. It has nothing to do with anything he has done while he is in custody. I thought if a governor has anything to say he should have infromed the judge as she was the superior person not a governor. The court should be superior. Going forward do I just go to the court and appeal as I find this appaling treatment.

Expert:  Jo C. replied 2 years ago.
The decision of a Governor is appealed to the District Judge within the prison system.
It sounds as though the Governor is of the view that the DJ has added the number of days incorrect when compared with the totality of his other matters. If that is wrong then you just appeal.
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