How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71055
Experience:  Over 5 years in practice
Type Your Law Question Here...
Jo C. is online now

Hi Jo. So i can prepare accordingly if the early plea scheme

This answer was rated:

Hi Jo. So i can prepare accordingly if the early plea scheme sentences me to say three months custodial sentence. How long would i likely to spend in prison? I need to prepare my finances work etc. My solicitor is confident with mitigation that a custodial sentence is unlikely and that a suspended sentence is more likely. Can you advise accordingly?
Thank you for your question. My name is ***** ***** I will try to help with this.
Are you asking what sentence you will get?
Customer: replied 3 years ago.
I am trying to determine if say sentenced to say three months i this scheme. How long i would actually serve in a prison
Usually you serve half of any custodial sentence less any time you have spent on remand. A curfew can also qualify if it is more than 12 hours a day.
You are sometimes released early as part of the early release scheme but probably, with a 6 week sentence, there wouldn't be time to consider that.
So, in short, if you received 3 months you would serve 6 weeks.
Can I clarify anything for you?
Customer: replied 3 years ago.
So would i get a eeduction on the early plea scheme? Also for this kind of crime would i serve it in a general prison
If you plead guilty early you will get a reduction.
I am not sure what you mean by a general prison. If you mean classification then you will be classified by the prison governor probably cat B and quickly reduced to cat C.
Customer: replied 3 years ago.
Sorry Jo so say a three month sentence would get a further reduction in the early plea scheme? In addition i could get a further reduction with a home curfew? So the time in prison could be less than six weeks on a three month sentence?
The leading case governing false declarations on NIPs lead to a three month sentence but that was with a reduction for a guilty plea.
That said, he did maintain the deception for some time and fabricate other evidence to support it so it might be that it is possible to distinguish it from yours.
That said, Chris Hulme and his idiot wife who caused the entire thing to become public both received much longer sentences.
The trouble with perverting is that there are no sentencing guidelines on the point because people are rarely prosecuted and Judges tend to do what they like. I am sure they do what they think is right but it becomes difficult to predict.
Customer: replied 3 years ago.
My solicitor feels with the mitigation it would be foolish for the judge to give me a custodial sentence. My kids would be heavily effected as they would loose their only real financial support. I would loose my job, my house etc. Additionally, i have suffered several issues including bankruptcy, divorce, been severally injured in two car accidents, redundacy and to an even where with the pressure i tried to take my own life. I did such a foolish act to avoid any further hassle and feared loosing my job and kids. I have also pleaded guilty to the intial charge annd accepted a six month ban. Currently suffering severe depression and at the lowest point. By going to prison i will loose everything. Is this in your opinion strong mitigation?
Well, it is mitigation that will be considered but it doesn't really detract from the seriousness of the offence. The leading case involved a man of exemplary good character who had served in the Army for many years and been of real service to the state.
The trouble with perverting the course of justice is that it is almost an aggravating feature that a person is of good standing in the community because those people are more likely to be believed when they lie.
People do get suspended sentences sometimes but it can't be guaranteed.
Customer: replied 3 years ago.
Okay I suppose i need to appreciate a custodial sentence is possible however it will be a short term. I suppose it is difficult to predict and down to the judge on the day. Hardship is reestablishing yourself after this. Could the judge propose community service? If so what kind of community service could u be given?
Yes, entirely. It would be sort. Even Chis Hulme only got 8 months although that was heavy.
He could impose a community sentence. It will depend what probation recommend. I imagine something like unpaid work since there are no real issues here.
Jo C. and other Law Specialists are ready to help you
Customer: replied 3 years ago.
Hi Jo. You mention being sent to a catergory c prison why would i not be sent to a catergory d prison
It isnt likely for such a short sentence.
Customer: replied 3 years ago.
Final question do they usually put u in a prisom close to ur home?
No, unfortunately.
the reception prison is usually close to the court but then people are shipped all over the country.
Customer: replied 3 years ago.
Hi Jo. Been to probation today and anticipated they will recommend a suspended sentence with unpaid work. I hope it has the influence of thecourt! One thing he mentioned is the knock on effect this will have if the press get wind of it. Would the press be interested in such a case?
Unfortunately if they get wind of it then they probably would. Perverting is always very news topical.
Customer: replied 3 years ago.
You refer to the leading case got three months. Can you confirm the case you refer too?
R. v. Francis-McGann [2003] 1 Cr App R (S) 14
Customer: replied 3 years ago.
Should i make my solicitor aware of this case as they say there is no real case history. Would a barrister refer to case history? I will add a bonus for all your help. Only a week to go and then over and done with.
I wouldn't bother.
A barrister will be aware of the case law. Not that this particular case helps you so it isn't something I would raise if I were defending unless the Crown knew about it already.
Customer: replied 3 years ago.
Hi Jo. Just a personal message to thank u for all your help over the past six months and keeping me on track. My case went well and ended up with a four month sentence suspended for 2 years and 200 hours unpaid work.
One question is that i need to attend a course in europe. Am I able to leave the country at my will or do I need permission. Also will EU countries allow me access with a criminal record?
That is fantastic. Well done.
I don't do immigration or visas so I am not sure what impact it has. I think you can still travel but you have to seek permissions.
You will be subject to a community order. You will be able to travel abroad as long as you are complying with that.