Thanks for your question. My name is XXXXX XXXXX I will be happy to help with this.
If he has received a sentence of two years then he will only serve half before he is automatically released to serve the remaining sentence on licence.
He might be eligible also for early release on the home detention curfew.
It depends on the nature of offending and the recommendation of the probation officer.
However, he cannot just pay a fine or be on probation. If he has been sentenced to custody then he has been sentenced to custody.
Unless you can appeal that on the basis that its manifestly excessive there is no way of converting the sentence to alternatives because of his responsibilities.
but for good behaviour
does he get something
Yes, for good behaviour he will be released at the halfway point.
but his father his very disabeled and no other other member of the family can look afer him can he not get a home visit
Not for that reason I'm afraid.
his family responsibilities are not a reason for early release.
so he will get out say in 8 months
Early release comes down to how well he can be managed in the community in the view of probation.
so less than that
Not sure what you mean?
so roughly about 7 months or 6 months
yes, if probation are happy that he can be managed in the community.
how do i tell him
does he have to talk to his barrister
You can contact him in the normal way.
You can write to him and he can send you a visiting order.
But he will get this information from within the prison anyway.
the reason why he is in prison is because the jury and barristers at crown court in Brighton belive he had something to do with a burnt warehaouse and he was in the plan with the owner of the warehouse,but they found no evidence and he really did not have nothing to do with it.
so he sitting in prison for being nothing
I am sorry but probation cannot deal with him on the basis that he is innocent. He has been convicted.
he will be treated as though he is guilty unfortunately.
so is that differant in the sentence
will he still get probation?
Its not going to help his application if he keeps denying guilt. They could say he isn't addressing his offending behaviour.
That said the prisons are so overcrowded now that he might get HDC anyway.
what is that
if he pleads guilt would that be better
what is HDC
home detention curfew
what happens there
about early release on the home detention curfew.
Its not anything to do with counsel now. This is an issue of prison law.
who does he talk to
He can get a solicitor within prison specialising in prison law.
well thank you for your help
and i hope it helps him
it is quite likely that he would be released early.
Prison overcrowding is such that its on the increase.
i hope so
Yes, prison sentences are very distressing and not only for the inmate.
Families are adversely affected as well.
now do i have to pay £33 every month for me asking these questions
how do you mean families are involved
No, you need to email customer services about that but they can ensure this is a one off fee for you.
so it wont come out of my account next month
Not if you email customer services about it. They can arrange that for you. I'm never involved in that side of things but they can do it for you.
Can I help with anything else?
no thank you
All the best.
you was very helpful
thak so much
Please remember to rate my answer.
Come back if you want to know anything else about this.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).