missed community service

[toni22clark]

hi ive missed a couple of days now being taken back to court when i got my hours i got a suspended sentence what will hapen

[Teleph0ne]

If you haven't got a good reason for missing the days you may get sent to prison as the comunity sentence clearly isn't working for you

[sara3]

depends on your "reasons", but you could get the original suspended sentence reinstated as a prison sentence. it would only have been suspended on the grounds that you followed all the rules imposed.

[dh001]

What was the sentence that was suspended?

[dothawkes31]

If the weather was to blame then they won't be able to do anything, most courts were probably cancelled this last week due to travel issues. if you had to travel any distance to your probation office to attend then they should take weather into consideration. One of my son's friends sent me a desperate text on Friday asking for a lift to his probation office in the next town, the buses had been cancelled due to the weather and he had an hour to walk the 6 miles. I was at work and missed the text (he'd tried alot of other people first!)eventually he rang his probation officer who said it was exceptional curcumstances.

[New Judge]

You will be asked in court whether you admit or deny that you missed your appointments “without reasonable excuse”. If you admit it, or if you deny it but are found guilty by means of a trial, the Magistrates (assuming you were originally sentenced by Magistrates) have a number of options:

They can activate the suspended sentence.

They can revoke the original sentence and sentence you in an entirely different way.

They can allow the suspended sentence to remain in place but make the requirements more onerous (for example by adding more hours of unpaid work).

They can do nothing other than give you a stern talking to.

Since suspended sentences were made widely available to Magistrates a few years ago they have been encouraged to be robust with those who default on the requirements. They would be perfectly justified in simply activating the suspended sentence and you should seek legal advice before you appear in this matter.

[toni22clark]

i was sentenced to 13 months suspended and 150 hours community service and now gotta go magistrates really worried

[yogi-bear]

Why could'nt you go to community service, toni?.....Did the snow/weather effect you?

[MarkRae]

I appreciate that you're "really worried" - I would be too in your position but, if I were in your position, the ABSOLUTELY LAST thing I'd be doing would be posting in here! As New Judge says, seek proper legal advice. Do it first thing in the morning. Take the morning off work if you have to. When you were in court last time, didn't you have professional legal representation? No disrespect, but I can't imagine that you defended yourself. Call the solicitor / lawyer who represented you last time or, if you don't want to do that for whatever reason, go to your local Citizens' Advice Bureau and explain the situation. They can put you in touch with a local lawyer who will help you...

[New Judge]

The only thing that concerns me is that a prison sentence of 13 months (albeit suspended) is not within magistrates' powers. Were you sentenced at a Crown Court? If so the matter of your breaking the rquirements imposed must also be heard in the Crown Court.