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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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if you have just been released from prison on licence, the

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if you have just been released from prison on licence, the sentence was 3yr 10 months, so the licence runs out sept 2016, so I have to go to probation once a month, if i broke my licence conditions in this country i would be recalled to prison, but say i went to spain or abroad until my licence runs out, say i came back in 2017, my licence would be finished, its not a criminal offence to break you licence you can only be recalled, so if my licence had finished what would happen, the sentence has finished, its not a criminal offence to break your licence, does the licence get frozen the day you break your licence, could you still be recalled, how the sentence is finished, can somebody tell me the law
Jo C.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
if you leave the country then you will breach your licence because you are required to do certain things that you can only do here.
If you are not apprehended until the licence has ended though then you can still be recalled. The issue is not the date of the sentence but the date of the breach. If that was within the licence term then your sentence can be imposed.
Can I clarify anything for you?
Jo
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Customer: replied 3 years ago.

how, the licence has run out, its not a criminal offence to break your licence, so your saying the licence gets frozen, that's not what 2 solicitors are telling me, that's why i need to find out, are you sure, probation officer didn't know thw answer when i asked him, they alert the police if i break my licence now, but if the sentence is finished and its not a criminal offence to break your licence how can you be fecalled if the sentence has ran out, no criminal offence has been committed
The issue is not the date of the sentence but the date of the breach. If that was within the licence term then your sentence can be imposed.
The fact that the licence has run out at the date of sentence is a non issue. The issue is the date of breach.
I am sorry and I cannot say what others have told you but I am not going to be able to tell you that its perfectly safe to do this. You will be recalled.
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Customer: replied 3 years ago.

i understand that, so the judge would have to impose a sentence whatever months you had left on your sentence, he couldn't re-call you because the sentence has ran out, or is it still a recall after sentence has ran out,

It is still a recall.
The sentence doesn't come to an end because the term has run out. You can still be dealt with for a breach.
Obviously the older the matter the less likely the Judge is to impose the sentence but the power exists.
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Customer: replied 3 years ago.

hang on a minute, ive just thought, if I was recalled now in this country, I would have to sit a parole board, and they would decide when I would be released, but if my licence had run out, the parole board could not sit because im no longer on licence,

The issue is the date of breach not the date of sentence.

The issue is the date of breach.

If you are outside of the sentence the court originally imposed then a court can, in theory, recall you for the licence period which would restart parole powers.

Of course, its rare that people are picked up outside of the licence period but these are theoritical powers.
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