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They are actually bringing a fresh prosecution?
In that case, there is no realistic prospect of hdc while he is on remand for another offence.
However, he would be released at the half way point unless he is convicted of this other matter and given a consecutive sentence.
It is a bit like being gate arrested really.
A rather unpleasant experience but nothing that the Crown are prevented from doing by law.
whether or not it would be a concurrent sentence if he pleaded is another matter. It would have to be marked in some way but the Judge would have to bear in mind the totality of his sentence and if this incident took place at the same time as his other offending then that would be helpful.
Can I clarify anything for you?
No, but he must be on remand for the new offence. If he is not then he should be as there is no sense in him not serving for it.
No, he can be on bail if he likes. Since he cannot leave prison though that would be pointless as it would just mean he isn't serving on the new offence.
Yes, there is but you could ask the Judge to reduce the sentence to reflect totality of his sentence.
At the time of sentence.
He may still be a candidate for HDC but obviously it will run from the date of the new sentence not the old.
It will probably be run concurrently from the date of sentence but that would obviously give rise to some overlap.
All the best.