What are the facts of the offence?
I’m afraid that it not realistic to expect a fine for an assault upon a child. There is no way around it. That is a specific aggravating feature.
I would expect them to consider a community order.
They will not impose an order that you cannot perform. If probation accept you cannot complete then they will not impose it. There is no sense in doing so.
However, if you are working here then an unpaid work order is a possibility.
They could sentence you to custody. They will not be keen to do that but if you refuse all community orders there may be no choice. The key is not to refuse all offers of orders.
Can I clarify anything for you?
I’m not sure an order is realistic then. They could impose an order but you would need to return weekly to complete it.
They could impose a suspended sentence with an order like a limited amount of unpaid work.
They are not going to want to impose custody.
The only reason it would even be considered is that community orders might just be unworkable here.
The only other thing I can think of is some form or prohibited activity order but I'm not sure that is appropriate really.
Oh yes, they will consider it a minor incident. Applying common sense it is. You disciplined a badly behaved child.
And his parents have come forward because they have heard the ringing of the tills.
It is not even the worst form of assault.
The only reason that is a fine is not going to be comfortable though is that it is an aggravating feature of the offence of common assault that the victim is a child. That is what happens when Parliament gives us sentencing guidelines.
I don't know whether or not they would still accept a caution? Sometimes they do refer it back to the police for a caution.
Yes, there isn't a risk of deportation.
Chastisement is a problem. Generally speaking, it is run by parents.
Actually though it can be run by those in loco parentis and you could argue that you were here.
You may win in court. You never know with Magistrates. I can see why your solicitors want to run it.
Before a jury you would get off with this nonsense.
No, it goes to a Judge and two Magistrates.
The appeal constitution is not much better than the Magistrates Im afraid.
There would have to be a community order element to a suspended sentence. It cannot be stand alone normally. Sometimes there can be orders that don't require much though.
I'm happy to continue with this but please rate my answer.
I don't think you can rely on it to be wholly honest.
It is possible but you cannot rely on it.