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We were accused of a million pound fraud, our passports were…

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We were accused of a...

We were accused of a million pound fraud, our passports were conviscated we got passports in our own name to go and get the evidence that we had not done this we have pleaded guilty to the passports and benefit fraud my husband is on remand in prison but we have never been in trouble before and we are due back for sentencing in november what is likely to happen please help

Submitted: 14 years ago.Category: UK Law

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Answered in 1 day by:

10/13/2008

Solicitor: Ben Rose, Solicitor replied 14 years ago

Ben Rose, Solicitor

Category: UK Law

Satisfied Customers: 348

Experience: LL.B (Hons) (Hull), Pg.Dip.L.P. (York), SIIRSM

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HiCustomer/p>

What was the fraud for?

Why have you not been remanded?

Ben

Customer reply replied 14 years ago

the fraud was for obtaining passports when they were retained by the police, and claiming income support and housing benefit and cares allowance we pleaded guilty to these I was not detained due to bad medical history and having a son and daughter

Solicitor: Ben Rose, Solicitor replied 14 years ago

Right, so you have already pled guilty; was this in the Crown Court or Magistrates?

Customer reply replied 14 years ago

This was in the crown court but we have never been in trouble before, I need help i have a son of 17 a daughter who is skitzofrenic who has attacked me twice this week

and i am awaiting a pre sentence report from probation

Solicitor: Ben Rose, Solicitor replied 14 years ago

HiCustomer/p>

s.36 Criminal Justice Act 1925; a custodial sentence should be imposed in all but the most exceptional circumstances as per R v Singh [1999] 1 Cr App Rep (S) 490 however under R v Walker (DM) [1999] 1 Cr App Rep (S) 42 the Defendant
pled guilty to making a false statement to obtain a passport. Zimbabwean over-stayer applied for a passport in a false name. Good character was shown and he got 9 months.

Given the nature of your family, early guilty plea and co-operation you will be looking at a low end sentence.

Hope this helps

Ben

Customer reply replied 14 years ago

have you any idea what sort of sentence with the early plea and with the family circumstances could they let my husband out of prison on tag or something else as he has a job to go to but ben the judge is notorious and this is what is frightening me

Solicitor: Ben Rose, Solicitor replied 14 years ago

HiCustomer/p>

In this matter the integrity of the Passport system must be shown to be upheld; as such a custodial sentence, probably of 6-12 months is the most likely outcome. A tag may be used on early release; If the sentence is 9 months, he will serve between 4.5 and 6 months.

Kind Regards

Ben

Ben Rose, Solicitor

Category: UK Law

Satisfied Customers: 348

Experience: LL.B (Hons) (Hull), Pg.Dip.L.P. (York), SIIRSM

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