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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 32086
Experience:  Over 5 years in practice
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Hello, I have chosen the category of family law but it isnt

Customer Question

Hello, I have chosen the category of family law but it isn't really. I cant find a suitable category.
My son Joe, aged 31, was in prison and keep in for longer than he should have been. I need to know how he/I go about claiming compensation for this. Do we write to the prison? The Home Office? Hope someone can help. Thanks.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.

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

How did he come to be imprisoned for longer than he should have been?
Customer: replied 3 years ago.

He lived in wales last year, he was arrested and served 9 weeks on remand. At sentence he received a drug rehabilitation order and probation. He then moved to Birmingham and was arrested for shoplifting. The court replaced the original probation etc, with a similar order of their own. He breached the Birmingham order and was again arrested for shoplifting, in court the reinstated the original order from Wales and was sentenced to 24 weeks in custody. His solicitor failed to mention the 9 weeks he had served on remand, she tried to mention it after sentence but the magistrate told her it was too late.


My son wrote to the governor of the prison, the courts and the solicitor, while he was in prison. He was told that he was due out on 22nd June and that he was not owed the 9 weeks. However, on Friday 25th April, he was suddenly and unexpectedly released, the officer there told him that he had served approximately 2 weeks over what he should have due to the fact that they should have counted the 9 week remand period.


Do forgive me, I am not certain at this moment of his date of release. I am not well and my medication makes me forgetful. My son is homeless at the moment, the prison were going to make enquiries about a hostel etc for him but because of the sudden "early" release they had not put anything in place. I will contact him as soon as I can on his mobile phone to ascertain the correct date, however, whatever the dates were, he was definitely kept over the proper time.

Expert:  Jo C. replied 3 years ago.
Time on remand doesn't automatically count anymore.

Did they actually say that time should not count?

Or just neglect to deal with it?
Customer: replied 3 years ago.

The solicitor neglected to mention it until the case was over. She tried to mention it before as soon as she realised, while my son was still in the dock but was told it was too late. If the time does not count, why would he have been released before June, which is the date he expected?


Expert:  Jo C. replied 3 years ago.
Mentioning it while he is still in the dock is not too late. Magistrates put things right all the time.

What was actually said at that time by the Bench on this point?
Customer: replied 3 years ago.

I will get back to you shortly, when I have spoken to my son, so I can be sure, but as far as I know, then bench simply said it was too late.

Sorry for this confusion.

Expert:  Jo C. replied 3 years ago.
No problem.

I'm around.
Customer: replied 3 years ago.

I have spoken to my son but it was not a good connection but have arranged to see him tomorrow, so I'll get back to you after that. Thank you Jo.


Expert:  Jo C. replied 3 years ago.
Yes, no problem. I will be online at some point so when you can.