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LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 775
Experience:  Solicitor with over 15 years experience.
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My son was given 3 years he's 19 it's for causing injury

Resolved Question:

My son was given 3 years he's 19 it's for causing injury through dangerous driving and aggravated vehicle taking he's currently still in a wheelchair and suffered serious injury himself it's his first offence and is petrified in prison he's done 3 months and on enhanced now I worry about violence in prison and his wellbeing is there any chance to help him be released on tag
Submitted: 1 month ago.
Category: Law
Customer: replied 1 month ago.
The judge was going to give him 7 but gave him 3 then 1 running concurrent for no licence and insurance hes in a city prison and not used to criminals he's just a village lad who made 1 mistake
Customer: replied 1 month ago.
I'm at my wits end two others were involved they got suspended sentences but unfortunately my son was driving when the accident happened he got a police chase and panicked
Customer: replied 1 month ago.
We didn't appeal but the judge got his injuries wrong when he sentenced my son
Expert:  LondonlawyerJ replied 1 month ago.

Hello, I am a solicitor with 20 years experience. I will try to answer this for you.

Your son should have been given written advice on the merits of an appeal by his solicitor at the end of the case. |Do you know what that said?

The license release date will usualy beset half way through the sentence. However,

Home Detention Curfew / Electronic Tagging

HDC, or release on tag, is the system by which you are released early and fitted with an electronic tag around your ankle to monitor your adherence to a specified curfew. You will be required to stay at your chosen address, normally for 12 hours each day (overnight), and a machine will be installed in your house which is able to verify whether the tag (and you) are within range.

A release on tag is available to prisoners with sentences between 3 months and 4 years and the eligible date for it is the later of 25% of the way through your sentence (equivalent to 50% of the way through your expected time in prison otherwise) and 4 months before 50% of your sentence. Ie 14 months in your son's case

The process for getting a release on tag approved involves two key components:

  • A risk assessment in prison (some paperwork and usually sitting before a board)
  • An assessment by the probation service of the address you are proposing to serve your curfew and any risk you may pose to others at that address.

Risk Assessment

The timing of your risk assessment is somewhat out of your control, but having your paperwork complete will ensure that you are not responsible for any delay. Each case will usually be dealt with in chronological order of eligibility date, and so if the prison is behind (which it frequently can be by up to a month) you will just have to wait. Be prepared for this and try not to let it distress you. It is worth making sure you have all the details of your sentence with you in prison along with anything which will help your case (for example, if you have a job to go to on release, then a letter from your employer is probably the most useful thing).

Assessment of the Curfew Address

In terms of making sure your address is suitable, it will help if someone at that address is able to liaise with your parole officer (and they should keep calling them rather than waiting to be contacted) and offer times for a visit to check its suitability and interview everyone at the address. If there is any violence in your history or in the crime you are inside for, be prepared to deal with issues around risk to other people there, especially if there are children (even your own). This could mean you need to get social services to do an assessment of the risk to children as well – if this is going to be necessary you should find out early otherwise it could eat up weeks, a large portion of your potential early release.

If he applies after 9 months will be risk assessed and can only be turned down for one of the five following reasons:

  1. he presents an unacceptable risk to the victim or to members of the public
  2. he has a pattern of offending which indicates a likelihood of re-offending during the Home Detention Curfew period
  3. has is a likelihood of failure to comply with the conditions of the curfew
  4. There is a lack of suitable accommodation for HDC
  5. The potential curfew would be too short

He can appeal against any refusal of tag if you do not believe the reasons fall in one of those above, but remember that he is the prison’s responsibility whilst out on tag, and so they are understandably nervous about any repercussions of an incorrect decision.

So, after 14 ,months he can apply to the prison for early release on tag.

Customer: replied 1 month ago.
What's the chances of getting him moved to a cat d nearer home
Expert:  LondonlawyerJ replied 1 month ago.

I am assuming he has a cat d rating at the moment. But is is up to him I think to apply within the prison system. But his rights are limited. This is a bit outside my area of expertise and a bit different to the original question but I have had a think and a quick chat with someone who knows about this and this is what they think.

LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 775
Experience: Solicitor with over 15 years experience.
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