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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 80800
Experience:  Over 5 years in practice
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My partner is on a suspended sentence and a driving ban he

Customer Question

Hi my partner is on a suspended sentence and a driving ban he was cought driving it can this have him sent to prison? He's on tag asw l
JA: Have you talked to a lawyer about this? In which country do you live? If different, which country is your legal question related to?
Customer: Not yet and England
JA: What steps have you taken so far?
Customer: He was dealt with at road side we've been waiting to hear weather anything will come of it
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No this is everything we also want to have his curfew tag changed to my address but we've been told we have to go to the court hearing to apply for it
Submitted: 21 days ago.
Category: Law
Expert:  Jo C. replied 21 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.

Customer: replied 21 days ago.
Thank you
Customer: replied 21 days ago.
I'm happy on text
Expert:  Jo C. replied 21 days ago.

Thank you.

Yes, I'm afraid this is an offence committed in the duration of a suspended sentence. Sadly they can and they almost certainly will activate at least in part.

You could always ask them to make the community order more onerous instead but that would depend upon his history, compliance, nature of the original offence. If its driving, there is no realistic change I'm afraid.

Expert:  Jo C. replied 21 days ago.

I am sorry but I have to tell you the truth.

Do remember that I can only give you my opinion.

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

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

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

The ultimate decision comes from a county court judge in a civil case or from the magistrate in a criminal case heard in the magistrates court or the jury in Crown Court.

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

Jo

Customer: replied 21 days ago.
The issue is the place he is tagged too is damaging his mental health he's also on rehabilitation order an the people there all use he wants to distance his self from all that and start fresh
Expert:  Jo C. replied 21 days ago.

Yes I understand but I'm afraid it isn't really a choice. The law is very clear I'm afraid

Customer: replied 21 days ago.
Right ok so he wouldn't be able to have the address changed ? He's been offered a job here aswel which is hard to get when your on tag not many people are willing to give offenders a chance
Expert:  Jo C. replied 21 days ago.

he can probably get the address changed but the issue is whether hte SSO is activated.