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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 78660
Experience:  Over 5 years in practice
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My son I law is in prison and he thought he was getting tag

Customer Question

Hi my son I law is in prison and he thought he was getting tag but had now been told he can’t have it because he breached an order when he was 17
JA: Where are you? It matters because laws vary by location.
Customer: Wales he’s now 33 years old and married with children
JA: What steps have you taken so far?
Customer: we havnt at the moment this is what the prison have told him and also said it’s the law and there’s nothing he can do about it
JA: Anything else you want the Lawyer to know before I connect you?
Customer: he’s due out of prison next August but with tag hold be out in April his wife and children are desperate for him to have tag
Submitted: 10 days ago.
Category: Law
Expert:  Jo C. replied 10 days ago.

Hi, welcome to JustAnswer. My name is*****’m a barrister with 12 years of experience and I am happy to help with your question today.

Expert:  Jo C. replied 10 days ago.

Do you mean home detention curfew?

Customer: replied 10 days ago.
Expert:  Jo C. replied 10 days ago.

Are you asking if they can refuse for that reason?

Customer: replied 10 days ago.
I’m asking if he breached a curfew at the age of 17 can they hold that against him now at the age of 33
Customer: replied 10 days ago.
Because at the time he wasn’t even an adult
Expert:  Jo C. replied 10 days ago.

Thank you.

Iam sorry but I cannot give you good news. I'm afraid you are indifficulty here.

I have to tell you the truth.

I am sorry but it would be wrong of me to avoid givingyou the downside of your

position.

II am sorry but I'mafraid they can.

They don’t have togive him home detention curfew. If he has breached a curfew before then that isa relevant consideration.

Home detention curfewis not automatically available and really only used for some offences withoffenders that are suitable. That is not to say that he couldn't try to changetheir mind but they are entitled to take that view

I am sorry but I haveto tell you the truth.

Do remember that I can only give you myopinion.

Another lawyer may have a different opinion.Litigation needs at least 2 parties and neither goes to court expecting tolose.

Nonetheless, one of them does, even thoughthey have been told by their respective legal advisers that they have a goodchance of success.

If there was a black-and-white answer toevery legal problem there would be no need for anything to ever proceed tocourt.

The ultimate decisioncomes from a county court judge in a civil case or from the magistrate in acriminal case heard in the magistrates court or the jury in Crown Court.

Hopefully, Ihave answered your query in a way that is simple and easy to understand. Ifanything remains unclear, I will be more than happy to clarify it for you. Inthe meantime, thank you once again for using our services.

Jo

Customer: replied 10 days ago.
what do you suggest we do to go forward with this and try and get him home detention
Expert:  Jo C. replied 10 days ago.

Youhave to be realistic. He has breached a curfew and so the starting point isthat he is not suitable.

Hecan appeal the decision by submitting a complaint to the governor though whichhe may as well though as he loses nothing

Customer: replied 10 days ago.
Ok thank you for your help
Expert:  Jo C. replied 10 days ago.

Noproblem.

Allthe best.

Hopefully, Ihave answered your query in a way that is simple and easy to understand. Ifanything remains unclear, I will be more than happy to clarify it for you. Inthe meantime, thank you once again for using our services.

Rememberthat I am always available to help with your questions. Even if I amin Court I will usually pick up a question within 12 hours. For futureinformation, please start your question with ‘For Jo C’. You can also bookmarkmy profile http://www.justanswer.co.uk/law/expert-remus2004/