bail warrant

[mj8183]

my boyfriend was caught driving with no license/insurance/MOT. this is the last in a long list of similer offences dating back years, he has also been in prison twice for this. he hasnt attended this last court appearance 3 times and he has told the court this is due to illness, they have issued a bail warrant. what will happen to him when he hands himself into the police station? what will he get in court? he has also just come off of a tag for criminal damage and threatening behaviour, will this go against him?

[New Judge]

Firstly, you cannot go to prison for no licence/insurance/MoT, no matter how many times you commit the offences. So whatever it was your boyfriend was sent to prison for, it was not any of those offences.

How does he know that a bail warrant has been issued? The bail warrant means that he will be taken to the police station under arrest (if he does not hand himself in) and be formally bailed to appear in court as directed. If he fails to appear he will have committed a Bail Act offence and may be arrested and kept in custody until the next normal court sitting.

When he does eventually appear he will be well advised to produce medical evidence of his illness which prevented him attending court.

As far as sentencing goes, the criminal damage/tb offence should have no bearing upon the motoring offences unless he is either still subject to a conditional discharge or community penalty.

The sentence for No Insurance is a fine of one week�s income and between 6 and 8 penalty points or a disqualification. With previous convictions for No Insurance a ban is most likely. The licence and MoT offences will attract smaller fines.

[mj8183]

thanks for your reply.

He went to prison because he kept driving whilst on a ban.
He is still subject to a community order, he is supposed to be doing unpaid work and still has 97 hours left.

He knows there has been a warrant issued bacause he rang the court the next day to find out what happened.

[mj8183]

Does anyone else have any idea what he will get in court?

[Annlinda]

Pre sentence report with a view to community penalty i.e. unpaid work. Further disqualification. If he had failed to appear 3 times the court would normally have issued a warrant not backed by bail.

[Annlinda]

Forgot to say as this is a repeat offence of a similar nature the court can and will punish him more heavily for it. He is what is known as a repeat offender therefore he will be very lucky if he only receives a fine, Let us know the courts decision.

[mj8183]

ok i will thanks. he is yet to hand himself in, but it will be soon. his tag only came off yesterday!!

[mj8183]

do you think he will get a custodial sentence?

[New Judge]

Unless he is charged with Bail Act offences he will get neither a custodial sentence nor a Community Sentence.

None of the offences attract a custodial sentence. A community penalty in the form of a curfew order or a rehabilitation order ("probation") are the only options for the most serious - no insurance. These options are rarely used even for repeat offenders.

[NORMANTHEDOG]

sounds like a lovely chap and you want to keep mugging yourself off with this loser,he will be in and out of prison all his life,a piece of scum,lets hope they find a way of locking him up so next time he drives he doesent kill anyone

[mj8183]

Thanks, thats really helpful normanthedog.

Genuine thanks to everyone else though fo taking time time to answer.

[gouldc]

Norman, every time I see one of your replies to these sort of threads, I pee myself a little bit - undignified I know, but you make me laugh.

I can imagine the two of us watching Road Wars and shouting at the TV about the poxy sentences much to the annoyance of my missus.

I mean c'mon - banning a banned driver? Will they ever learn tchh

[mj8183]

Well he handed himself in and has been bailed to appear before a magistrate at the beginning of may. We'll see what happens then, not long to wait.