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Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 64345
Experience:  Over 5 years in practice.
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If someone gets a prison sentence for 2 years is it halfed?

Resolved Question:

If someone gets a prison sentence for 2 years is it halfed? does that person get something for good behaviour and if the person is a full time carer for his disabled father is he entitled to a home visit or even better can he pay a fine and be on probation.
Submitted: 1 year ago.
Category: UK Law
Expert:  Jo C. replied 1 year ago.

Jomo1972 :

Hi

Jomo1972 :

Thanks for your question. My name is XXXXX XXXXX I will be happy to help with this.

Customer:

hallo

Jomo1972 :

Hi

Jomo1972 :

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.

Jomo1972 :

He might be eligible also for early release on the home detention curfew.

Jomo1972 :

It depends on the nature of offending and the recommendation of the probation officer.

Jomo1972 :

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.

Jomo1972 :

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.

Jomo1972 :

I'm afraid.

Customer:

but for good behaviour

Customer:

does he get something

Jomo1972 :

Yes, for good behaviour he will be released at the halfway point.

Customer:

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

Jomo1972 :

Not for that reason I'm afraid.

Jomo1972 :

his family responsibilities are not a reason for early release.

Customer:

so he will get out say in 8 months

Jomo1972 :

Early release comes down to how well he can be managed in the community in the view of probation.

Customer:

so less than that

Jomo1972 :

Not sure what you mean?

Customer:

so roughly about 7 months or 6 months

Jomo1972 :

yes, if probation are happy that he can be managed in the community.

Customer:

how do i tell him

Customer:

does he have to talk to his barrister

Jomo1972 :

You can contact him in the normal way.

Jomo1972 :

You can write to him and he can send you a visiting order.

Jomo1972 :

But he will get this information from within the prison anyway.

Customer:

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.

Customer:

so he sitting in prison for being nothing

Jomo1972 :

I am sorry but probation cannot deal with him on the basis that he is innocent. He has been convicted.

Jomo1972 :

he will be treated as though he is guilty unfortunately.

Customer:

so is that differant in the sentence

Customer:

will he still get probation?

Jomo1972 :

Its not going to help his application if he keeps denying guilt. They could say he isn't addressing his offending behaviour.

Jomo1972 :

That said the prisons are so overcrowded now that he might get HDC anyway.

Customer:

what is that

Customer:

if he pleads guilt would that be better

Customer:

what is HDC

Customer:

please

Jomo1972 :

home detention curfew

Customer:

what happens there

Jomo1972 :

He might be eligible also for early release on the home detention curfew.

Customer:

does he have to talk to his barrister

Jomo1972 :

No.

Customer:

about early release on the home detention curfew.

Jomo1972 :

Its not anything to do with counsel now. This is an issue of prison law.

Customer:

who does he talk to

Jomo1972 :

He can get a solicitor within prison specialising in prison law.

Customer:

ok

Customer:

well thank you for your help

Customer:

and i hope it helps him

Jomo1972 :

No problem.

Jomo1972 :

it is quite likely that he would be released early.

Jomo1972 :

Prison overcrowding is such that its on the increase.

Customer:

i hope so

Jomo1972 :

Yes, prison sentences are very distressing and not only for the inmate.

Jomo1972 :

Families are adversely affected as well.

Customer:

now do i have to pay £33 every month for me asking these questions

Customer:

how do you mean families are involved

Jomo1972 :

No, you need to email customer services about that but they can ensure this is a one off fee for you.

Customer:

so it wont come out of my account next month

Jomo1972 :

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.

Jomo1972 :

Can I help with anything else?

Customer:

no thank you

Jomo1972 :

All the best.

Customer:

you was very helpful

Customer:

thak so much

Jomo1972 :

Thanks.

Jomo1972 :

Please remember to rate my answer.

Jomo1972 :

Come back if you want to know anything else about this.

Customer:

I will

Jomo1972 :

thanks

Jo C., Barrister
Category: UK Law
Satisfied Customers: 64345
Experience: Over 5 years in practice.
Jo C. and 3 other UK Law Specialists are ready to help you

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