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Jo C.
Jo C., Barrister
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Experience:  Over 5 years in practice
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I was sentenced on 1 Feb 16 to a 36 month Community

Resolved Question:

Hello,
I was sentenced on 1 Feb 16 to a 36 month Community Order for Exposure. I am currently undergoing the Probation Office supervision programme which will include a 2 week Sex Offender Treatment course.
During sentencing when my barrister asked the Judge why 36 months was awarded, the judge suggested that I might be able to apply to have the sentence reduced.
When do you think is a realistic time to apply to have it reduced and what is the process?
Many thanks.
***** *****
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Why didn't you appeal immediately?
Customer: replied 1 year ago.
My barrister felt there was little point!
Customer: replied 1 year ago.
The judge replied that he awarded the sentence on the basis that so long as I complied with the sentencing programme that an application to have it reduced would be reviewed favourably.
Expert:  Jo C. replied 1 year ago.
OK. It is not an appeal then. It is essentially an application for reduction with the approval of Probation. That is quite hard to do. It happens in something like 1 in 100 cases. It would only be considered with the support of probation. However, you can apply whenever they do support your application. Realistically they are going to want to see at least half of it complied with before this would be considered. Can I clarify anything for you? Jo
Customer: replied 1 year ago.
That is what I was advised by my barrister, but not the success (or likelihood of success) rate. She also said that the Police would need to agree too. I have had one unannounced visit but yet to have one with the designated officer.
Expert:  Jo C. replied 1 year ago.
The police probably won't be very happy about it but it is a matter for probation and the court.
Customer: replied 1 year ago.
Thanks Jo for your advice.
Expert:  Jo C. replied 1 year ago.
No problem.All the best.Please remember to rate my answer.
Jo C., Barrister
Category: Law
Satisfied Customers: 69983
Experience: Over 5 years in practice
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