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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71030
Experience:  Over 5 years in practice
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Hi I have a friend who is on probation, due to finish on 9th

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I have a friend who is on probation, due to finish on 9th May, she is Romanian. Her mother who lived in Madrid, died of cancer about a month ago. She was given permission to go to Madrid, has since buried her mother at home in Romania. But she has missed her parole meetings, and has decided to give up and never come back to the UK, she beleives she will go straight to prison. Given the circumstances, is this likely to be the case?

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

Is she in the UK?
Customer: replied 4 years ago.

No, she is at home in Romania. Rather than addressing the situation, she is saying she will never come back. I said I would look into things for her. I know what she has done is wrong, but equally, her mother has died, and isn't thinking straight right now. I'm not sure of the degrees of compassion that would be shown by the courts given the circumstances.

Thank you.

What will happen here probably is that probation will breach her for non-compliance with the order. that will lead to, in the long run, a warrant for her arrest.

If she is picked up on that warrants then probation can recommend either continuation of the order with more onerous conditions or revocation and resentence and that does generally include custody.

If she has just failed to comply then probably probation will recommend revocation and re-sentence.

Obviously I don't know what the trigger offence was and how much of the community order she has completed but it is fair to say that courts do get rather annoyed when people do not comply with their orders.

I'm afraid there is a risk that she could go to prison over this.

The truth is that the only reason there may be leniency is that she is female and judges very rarely send women to prison in the UK. There isn't really a good reason for it but it's pronounced.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.

Jo C. and 2 other Law Specialists are ready to help you
Customer: replied 4 years ago.

She was convicted of money laundering last year and sentanced to 12 months. She did 6 months in prison, then 6 months probation, due to finsish in two months time.

So, your recommendation is that she makes contact with her probation officer, explains the situation. Likely is that the probation period would be extended and a possibility of returning to jail. But often for a woman, jail is not considered.

Well, it isn't that it isn't considered. Courts do pay lip service to equality but statistically women are sent to prison far less than men.

Obviously I can't recommend her doing anything other than complying with her order.

The truth is that at some point she probably will come back to the UK and then they will pick her up on this so there isn't really much to be gained by not dealing with it now.
Customer: replied 4 years ago.

And the warrant for arrest, that will apply throught the world surely, so if she fails to deal with this now, she could be arrested in any country?

No, the domestic warrants will only cover the UK. They can get European arrest warrant but they're not going to do that here.