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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 32086
Experience:  Over 5 years in practice
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A suspended sentance was given by the judge with conditions

Customer Question

A suspended sentance was given by the judge with conditions to not do a similar offence within two years. The two years ended a year ago. Is it legal for a judge to call the same person to court now to explain why their sentance should not be reviewed?
Submitted: 4 years ago.
Category: Law
Expert:  Jo C. replied 4 years ago.

Thank you for your question. My name is Jo and I will try to help with this.

-Could you explain your situation a little more?

Customer: replied 4 years ago.

This case is actually for my partner who lives in Zambia, however the law is based on UK law . The sentance was passed on 20 May 2010 in a Magistrate's court.. Four of the group got 5 years imprisonment and 3 of the group got 5 years suspended for two years . The Prosection Service did not appeal against the sentance. He served the suspended sentance which expired on 20 May 2012.

The four with prison terms appealed to the High Court who recently upheld their conviction and sentances He did not appeal. Now he has been summoned to appear before the High Court to show cause why his sentance should not be reviewed. The other two with suspended sentances have similar summons.

I am sure that one cannot be tried for the same crime twice so we need all the legal advice we can get.

Expert:  Jo C. replied 4 years ago.
People cannot get 5 years custody at the magistrates court. The maximum sentence is 6 months.
Customer: replied 4 years ago.

In Zambia a magistrate is a judge but is a lower court to the High Court. It is like a Crown Court here.

Expert:  Jo C. replied 4 years ago.
I am sorry but this is not a UK law question.

I will opt out to see if anybody can help.