Is it legal?

[loopylou8]

I work with prisoners' families. A lady came to me a week ago for help with this problem. Her son has been in and out of prison for many years. First offences were driving and then violence against police. The last sentence was 7 years. Halfway through he was released. His mother picked him up,went to a cashpoint for money and proceeded to a cafe to have a meal. The police followed him from the prison and arrested him in the cafe for not going straight to probation. He was recalled and he will be completing the full 7 years in January 2010. There will be no licence and therefore no probation on his case. Probation have told his mum that they will do everything in their power to keep him in prison. I thought that when your tariff is up there is nothing they can do. Believe me they have always been on his case and have hassled him for x amount of years before this maybe thats why he is so against the police etc. I'm not agreeing with violence as it's not the way to solve things but sometimes there is a reason for rebellion. Would be grateful for any information regarding this.

[loopylou8]

Sorry to confuse,he was released at halfway 3/half yrs ago. How do I point her in the right direction ie: solicitor? Thanks for prompt response

[sara3]

my understanding is that if a prisoner is released early there are terms and conditions attached to their early release, and if they fail to comply they can be made to serve the full sentence.

[loopylou8]

exactly, this is what happened and the full term expires in jan 2010. Would it be worth consulting a solicitor on this matter? Probation are digging their heels in over his release and even tried making him sign something about his mental health.

[loopylou8]

Well if they release him and he's been rehabilitated in the last 7 years'then perhaps he can repay the debt or has it been a waste of money? This doesn't answer my question as I want to give the family some advice.

[cassa333]

What does she want advice about?

Does she think that he was sent back down unfarely? or that the police/prodation service are acting unlawfully?

**** I'm not agreeing with violence as it's not the way to solve things but sometimes there is a reason for rebellion***

Yes, the reason is he's a tit who gets into so much trouble then hasn't the brains to realise that is why the police keep on his back.

I'm sorry but what makes you think he is going to change THIS time when he hasn't before?

Anyway as long as the probation service/police have acted within the law then there is probably little you can do.

[blackietwo]

Think they can keep him, even if the sentence is served. They can use the mental health act to keep him, if he is a danger to himself and the public

[loopylou8]

Eddie51..thanx,yes do agree about support and will get information regarding this.
Blackie2...Think they are trying this about the mental health act as they approached him to sign something. Really think that this will become a case for human rights etc.
Cassa ..my job doesn't invove making personal judgements as you have to be neutral, however I have been involved with this family for a few years and there is a lot I cannot reveal about this matter. Thats all I asked for is some advice and I thank the people for this.

[loopylou8]

Dancairo...You are entitled to your opinions and especially on this site. Come Jan 2010 he's been in prison for 7 yrs. With proper rehabilitation he should be released back into the society, although agree with Eddie need some sort of support. I'd like to add that you cannot always blame the parents.This lady (the mother)was a victim of domestic abuse, has four children,one of which has downs syndrome. The others are fine and she has no problem with them. I suppose never mind how bad your children are a mothers love is unconditional. I just want to point her in the right direction without getting too involved as believe me there are lots of families needing help and support.