UK Law

Get UK Law Questions Answered by Verified Experts

Ask an Expert,
Get an Answer ASAP!

This answer was rated:

My boyfriend was sentenced to 10 months suspended for two years…

My boyfriend was sentenced to...
My boyfriend was sentenced to 10 months suspended for two years and 240 hour community service, 3 months home curfew and ordered to pay £6000 or face 1 month imprisonment. This was for fraud by false misrepresentation which he committed in 2007 but was only sentenced in 2011. He has now breached this suspended sentence for once again fraud by false misrepresentation to the value of £2500 by using fraudulently obtained credit card details. He has completed all of his community order and 3 months curfew for his previous sentence but has not (as on benefit) repaid the £6000 and also breached the suspended sentence. The suspended sentence was for £10000 fraud by false representation. Is it likely that he will face a custodial sentence for the new offence as he has breached the suspended sentence? If so taking into account he confessed to police and pled guilty at the magistrates and also completed all of the community order and curfew what is the length of time he can expect?

Many Thanks

Lisa
Show More
Show Less
Ask Your Own UK Law Question
Answered in 5 minutes by:
7/1/2012
Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 71,268
Experience: Over 5 years in practice.
Verified
Hi

Thank you for your question and welcome to Just Answer. I will try to help with this. Please RATE my answer OK SERVICE or above.

I presume this is the first breach?
Ask Your Own UK Law Question
Customer reply replied 5 years ago
he received one breach (issued by probation) while doing community service for non attendance. 40 hours was added
So it is a second breach?

Is this the first time its been to court for breach?
Ask Your Own UK Law Question
Customer reply replied 5 years ago
no he attended court in december for the first breach. i must add the breach was for the community hours. probation had instigated breach proceedings. he is due in leeds crown court in a months time after going to magistrates last friday.
Customer reply replied 5 years ago
is he likely to get a custodial? if so how long do you think?

If the trigger offence is a £2500 credit card fraud then the guidelines do include custody unfortunately even for a first offence. Obviously that would depend upon his involvement and the nature of the fraud and a number of other factors. However, given the fact that he is subject to a suspended sentence for the same offence, I would brace yourself for a short custodial sentence in relation to that specific offence.

If he is sent to prison, then the court really only has one option and that is to invoke the suspended sentence.

They have to mark the breach somehow anyway unless he can convince them it would be 'unjust' to impose it. That isn't very likely given the circumstances. They can either impose it in full, or in part or make the community order more onerous.

He has done a lot of it and that should be noted in the reduction of any sentence. He is also almost at the end of the suspended period. I suppose it was elongated because of the first breach.

If he does face a custodial sentence for the new offence then it will be short but it would have to run consecutively. There wouldn't be a justification for a concurrent sentence here.

He may well escape a custodial sentence basically because the amount is much lower. if he does then its likely that the breach would be marked by more onerous community requirements probably of curfew or unpaid work. In fairness though, he is at risk I'm afraid.

Sorry thats probably not the answer you wanted but it is the position that you have and I have a duty to give you truthful and accurate information even though its not what I want to say.

Please rate my answer with OK SERVICE or more and then I will continue for free.

Ask Your Own UK Law Question
Customer reply replied 5 years ago
thank you but what length of time is he looking at?
There's been recent case law that allows a court to invoke the full 10 months even though has completed all the community requirements.

It depends whether or not the £6000 was part of a compensation order or a POCA hearing.

If not I would imagine probably about 2-4 months and one month for the substantive offence although obviously that is a pure estimate as I haven't seen the aggravating features of either offence.

I will be happy to continue with this but please rate my answer OK SERVICE or above.
Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 71,268
Experience: Over 5 years in practice.
Verified
Jo C. and 87 other UK Law Specialists are ready to help you
Ask your own question now
Customer reply replied 5 years ago
OK the £6000 was a compensation order. I must also add that this is his third offence (the £2500). I know it is not an excuse but the £2500 was not used to fund a lavish lifestyle it was used for transportation as he had an illness and was not able to 1) afford public transport 2) walk. The fraud was also not fraud at the outset.
Customer reply replied 5 years ago
also this offence is under £2500 approx £2100
Customer reply replied 5 years ago
will this make any difference? he has been told by his solicitor that this amount is low (i.e. non custodial - high community order) His solicitor also thinks that the previous sentence was a little harsh as at the time he represented himself in court. If he is sentenced to custody is there anyway an appeal can be placed for community service again? The probation service in his pre sentence report has reccomened curfew and community hours.
The reason you are experiencing delay is that you keep posting before I have responded which pushes the question to the back of the list.
Ask Your Own UK Law Question
Yes, its not a large amount although the problem is that you can always meet with the attitude that that was only because he was caught before it became a large amount.

If its not fraudulent but there were multiple fraudulent transactions then the guidelines for a £2500 fraud plus say a fine to a community order but those are guidelines for people of good character pleading not guilty.

He does have the advantage of a guilty plea but he does have relevant previous convictions and the court won't hide from that.

The original sentence may have been a little harsh but its been imposed now.

If he hasn't paid the compensation order at all then that will be something that will need to be addressed.
Ask Your Own UK Law Question
Customer reply replied 5 years ago
The mitigation is 1) completed 240 hours community service 2) completed 3 month curfew 3) he was arrested 1 month after he ceased the fraud on his own 4) guilty plea 5) was ill (medical report supplied) and only did it due to dire financial pressures and was unable to seek employment. I must also add that the £2100 was used to attend interviews for employment etc...) The court did issue a 1 month custodial for non payment of the £6000 compensation order but he still has 8 months of his suspended sentence left (in which to repay). Probation are making a recommendation of community order and curfew. Taking all this on board do you still think he will receive a short custodial sentence? Also if it is short say 2-4 months is he likely to be placed in a cat d prison? Also am i correct in thinking (just say it is 4 months) he will only do 2 months in prison or 1 month in prison and 1 month curfew? Is there also the possibility that his defence can state to the judge that they believe the suspend sentence was a little harsh?
1 Thats not mitigation. That is just a reason not to impose in full the suspended sentence.

2 As above.

3 That is a point that might help.

4 That will help.

5 Possibly might be helpful depending on whether or not you meet with a judge would takes the view that financial distress is not an excuse for crime.

He can't have had a one month sentence in default for not paying compensation. That would only be the case if this was a POCA confiscation.

I can't really say what will happen. I haven't seen the case. A probation report will be taken very seriously but obviously this is a third offence and that is something the court will note.

He would probably go first to a Cat B prison and then to Cat C.

You are free to make the point that the suspended sentence was harsh but its not one I would make. It will just antagonise and, come what may, it is hanging over his head which is what really matters.
Ask Your Own UK Law Question
Customer reply replied 5 years ago
why would it be a cat c prison? i thought non violent crimes went to cat d? he is not a threat to people. how long before he got transferred to cat c? and suggesting he could 4 months how long is he likely to be inside?
Not necessarily.

Categorisations also relate to those who can be reasonably trusted not to escape. Cat Ds are effectively open prisons and he cannot rely on that. May happen. May not.

He would actually serve half of any custodial sentence imposed on him if it is to be custody. He may well be a candidate for home detention anyway.
Ask Your Own UK Law Question
Customer reply replied 5 years ago
ok so you still think after everything he is likely to receive 2-4 months imprisonment.
Like I've said, I really cannot say with certainty.

He may escape custody for the reasons you mention. If he facing custody thats roughly what I would expect without seeing the papers.
Ask Your Own UK Law Question
Customer reply replied 5 years ago
just quickly going back to the £6000. he was ordered to repay the £6000 or face 1 month in prison. the time frame for not repaying it (i think) was during the 2 year suspended sentence. there is no mention of poca. if this is imposed as in custody when he is released will he still have to repay the money or is that an end of it. also after he serves half his sentence then released will the other half be saved on curfew or is that then the end of it?
That cant be right.

There cannot be a specific suspended period attached to a compensation order that is dissimilar from the main suspended period.

If this is a POCA matter then he will stil have to repay it even if he does serve the qualifying period.

If its a suspended sentence then they cannot mark compensation as time served but they can revoke the order on the basis that its not realistic.
Ask Your Own UK Law Question
Customer reply replied 5 years ago
basically he was told by the judge that he had to repay £6000. nothing was mentioned about poca. he was just told that is what he had to repay or face 1 month imprisonment. if however it is the case it must be poca and he is under the assumption that it should be repaid before his suspended sentence is up
It probably isn't POCA. He would know if it was as there would have been a separate hearing.

To be honest, I think it was probably just part of the original sentence.
Ask Your Own UK Law Question
Customer reply replied 5 years ago
does that mean then the 1 month custody can be imposed. he didn't have a separate hearing
No, it just means he hasn't complied with it so that the original sentence could be imposed.

But if its just failing to pay compensation alone then that isn't likely.
Ask Your Own UK Law Question
Customer reply replied 5 years ago
but the lime limit i.e. understood to be 2 years is not up so this can't really go against him can it? considering he is on benefits £6000 is a bit unrealistic

But he has still breached a suspended sentence.

It might not go against him that he hadn't paid it all but it could that he hasn't paid anything at all.

Ask Your Own UK Law Question
Customer reply replied 5 years ago
what senario would it be unjust to impose the suspended sentence?
Very rarely. Not here.

Something like a very long suspended sentence where the offender had, for instance, maintained to escape from a drugs addiction and fell due to be sentenced for an offence committed a long time ago but just in the suspended term which had only just come to light because of some form of forensic discovery.

Usually the court will impose it in some way but not normally in full.
Ask Your Own UK Law Question
Customer reply replied 5 years ago
so to summarise everything up. the best outcome is another community order and curfew and the worst 4 months imprisonment? This includes suspended and new sentence
Yes, roughly. I cant imagine it would be worse then 4 months.
Ask Your Own UK Law Question
Customer reply replied 5 years ago
thank you for your advice
No problem.

all the best.
Ask Your Own UK Law Question
I've just found some really helpful case law if you are still interested.

[R]
Ask Your Own UK Law Question
Customer reply replied 5 years ago
Yes please
Customer reply replied 5 years ago
i would be most grateful if you could forward
I'm really sorry but since posting its come to my attention that you've asked for a refund so I will not be able to continue.

I have opted out for others.
Ask Your Own UK Law Question
Customer reply replied 5 years ago
Hi, I have paid the fee again. Can you please accept the payment and supply me with the answer.
Was this answer helpful?
Ask Jo C. Your Own Question
Jo C.
Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 71,268
71,268 Satisfied Customers
Experience: Over 5 years in practice.

Jo C. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks!

RickLeeds, UK

I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks!

Ms. BakerAlfafar, Spain

Thank you so much for your help. Your answers were really useful and came back so quickly. Great!

MaggieUSA

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!!

AlexLos Angeles, CA

Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult.

GPHesperia, CA

I couldn't be more satisfied! This is the site I will always come to when I need a second opinion.

JustinKernersville, NC

< Previous | Next >

Meet the Experts:

Ben Jones

Ben Jones

UK Lawyer

9,196 satisfied customers

Qualified Solicitor - Please start your question with 'For Ben Jones'

INC

INC

Solicitor-Advocate

3,868 satisfied customers

LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)

Jenny Mackenzie

Jenny Mackenzie

2,756 satisfied customers

Over 10 years experience in general legal matters

Matthew J

Matthew J

Solicitor

334 satisfied customers

4 y PQE (Partner) - Commercial / Residential Property & Property and Civil litigation experience

James Mather

James Mather

7,349 satisfied customers

Senior Partner at Berkson Wallace

Clare

Clare

Solicitor

9,490 satisfied customers

family solictor with 25 years experience

Thomas

Thomas

Lawyer

2,176 satisfied customers

BA (Hons), PgDip, Practising Solicitor

< Previous | Next >

Related UK Law Questions
Fine oh my Gosh thanks I am gathering some information for a
fine oh my Gosh thanks I am gathering some information for a prison inmate case. dont know where to start … read more
JimLawyer
JimLawyer
Senior Solicitor & Consultant
Graduate Diploma In Law (Advanced)
235 satisfied customers
My husband made my step daughter the owner and manager and
my husband made my step daughter the owner and manager and shareholder of his company about 7 years ago , now he is termanally ill , on his death bed, we have 3 young kids under 5yr old from our marri… read more
JimLawyer
JimLawyer
Senior Solicitor & Consultant
Graduate Diploma In Law (Advanced)
235 satisfied customers
I am one of the executors of a will and a member of the
Second opinion] I am one of the executors of a will and a member of the family (A) issued a caveat in order to prevent the issue of a grant. I served a warning and A's solicitor lodged an Appearance c… read more
JimLawyer
JimLawyer
Senior Solicitor & Consultant
Graduate Diploma In Law (Advanced)
235 satisfied customers
A demotion of work due to a reorganisation. No performance
A demotion of work due to a reorganisation. No performance issues, no change in a package … read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,196 satisfied customers
I have signed a contract with a website designer and I am
Hi I have signed a contract with a website designer and I am outside of the 14 day limit to cancel. I believe they have breeched their own contract by failing to provide the service as agreed before d… read more
JimLawyer
JimLawyer
Senior Solicitor & Consultant
Graduate Diploma In Law (Advanced)
235 satisfied customers
Thanks I have a question. I was arrest for threat to kill.
hi thanks I have a question. I was arrest for threat to kill. but the whole thing is a made up because one neighbour in our block. … read more
Jamie-Law
Jamie-Law
Solicitor
Bachelor of Laws (LLB)
6,399 satisfied customers
I have an issue. I am renting an ensuite room in London
hi, i have an issue. I am renting an ensuite room in London since beginning of april. the shower does not work. I havereported this to the agency 1.5 month ago and nothing was fixed yet. shall I keep … read more
JimLawyer
JimLawyer
Senior Solicitor & Consultant
Graduate Diploma In Law (Advanced)
235 satisfied customers
We have 3 powers of attorney for my mum, she now lacks
We have 3 powers of attorney for my mum, she now lacks capacity. One has been handling all the financial affairs, although we all have that power. Can we ask the one who is handling her affairs to han… read more
JimLawyer
JimLawyer
Senior Solicitor & Consultant
Graduate Diploma In Law (Advanced)
235 satisfied customers
I am a member of the medical deference union for many years,
I am a member of the medical deference union for many years, therefore I am entitled to assistance in relation to clinical issues but the MDU is refusing to assist and they are saying their assistance… read more
JimLawyer
JimLawyer
Senior Solicitor & Consultant
Graduate Diploma In Law (Advanced)
235 satisfied customers
I have a question on partnership agreements for business.
Hi. I have a question on partnership agreements for business. Can someone help? … read more
JimLawyer
JimLawyer
Senior Solicitor & Consultant
Graduate Diploma In Law (Advanced)
235 satisfied customers
There as been some false accusations made about while have
Hi Pearl,There as been some false accusations made about while have been placed on a couple of website & face book pages (created just for me). It is all a complete lie. However, I have reported it al… read more
Jamie-Law
Jamie-Law
Solicitor
Bachelor of Laws (LLB)
6,399 satisfied customers
Why does uk immigration refuse to give a legal immigrant
Why does uk immigration refuse to give a legal immigrant emergency document to enter uk … read more
JimLawyer
JimLawyer
Senior Solicitor & Consultant
Graduate Diploma In Law (Advanced)
235 satisfied customers
Judge Question If an appeal is being raised on the grounds
Thomas Judge QuestionIf an appeal is being raised on the grounds that a judge made findings on issues that weren't part of the Scott schedule and therefore did not form part of the cross examination o… read more
ivorylounge
ivorylounge
44 satisfied customers
I have placed a deposit from a private conciege company
I have placed a deposit from a private conciege company which specialises luxury goods. However I placed the deposit in March. And they said it is available straight away. Now is in May I have not yet received the goods and it supposed to be shipped to HK … read more
Jamie-Law
Jamie-Law
Solicitor
Bachelor of Laws (LLB)
6,399 satisfied customers
I am currently applying for British citizenship and have
Hello, I am currently applying for British citizenship and have received a "ticket" for crossing over a red light (TS10). I have paid it in full during the deadline given. I have not declared it durin… read more
Buachaill
Buachaill
Barrister
Master\u0027s Degree
2,914 satisfied customers
Judge Question When In a fact finding hearing is a Scott's
Thomas Judge QuestionWhen In a fact finding hearing is a Scott's schedule not required ? What case law exists which require a Scott's schedule to be drafted and how far in advance of the hearing does … read more
ivorylounge
ivorylounge
44 satisfied customers
I am applying for British citizenship. Do I need to declare
HI! I am applying for British citizenship. Do I need to declare it If I had PCN issued to me in recent years? Thank you … read more
Jamie-Law
Jamie-Law
Solicitor
Bachelor of Laws (LLB)
6,399 satisfied customers
I have a question about founding a new business. I'm
Hi there, I have a question about founding a new business. … read more
JimLawyer
JimLawyer
Senior Solicitor & Consultant
Graduate Diploma In Law (Advanced)
235 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x