Fao Eddie Or Any Other Leagle Eagle

[nailit]

My sons in breach of a conditional discharge for been drunk and disorderly. Got arrested last night for the same. In court 4th july. Whats the likely outcome?
I paid off his last lot of court costs etc, cant do it again. Bit worried about bailiffs etc as he will not take any responsibility for his finances.
He will just disregard any court judgment but it will leave me with the mess to clean up.
How on earth can I deal with bailiffs collecting his mess?

[nailit]

[and good luck with your awful offspring]
He aint awful PP, but he IS irresponsible.

[Baldric]

///What's happened to your avatar naomi?///

Click on it and you will see the problem

[jno]

it's tough for parents, nailit, and I wish you all the best. Sometime kids just have to grow up.

[Baldric]

Yes I know that Eddie, I was answering someone who asked on the previous page, that being the reason for the quote marks around their question.

[New Judge]

I haven't read all of this but since Eddie the "legal Eagle" says this I need to come in:

"I'd say a fine or community service this time."

Drunk and Disorderly can be dealt with only by way of a fine (maximum £1,000 but in reality rarely more than £100).

If he fails to pay the fine and other costs ordered he can be committed to custody, but that's so for any offence.

[New Judge]

And this:

“Phoning the court and talking to the 'clerk to the court' may be helpful as well.”

Magistrates’ Courts do not have a “clerk to the court”. They have a Legal Adviser for each court and their boss is the area’s Justices’ Clerk (who covers all the courts in the area and who does not often sit in court). If you ring a Magistrates’ Court you will speak to a receptionist who may give you no advice or wrong advice. Making such a request by such means is useless as the request will not get to the Magistrates.

[nailit]

Thanks NJ.
So D&D can only be dealt with in the way of a fine, but what about being in breach of a conditional discharge? Is it dependant on what the original charge was?

[New Judge]

Yes it is.

When a conditional discharge is breached the original offence (which attracted the discharge) is revisited and can be resentenced. The usual warning from The Bench is "There will be no punishment today for this offence but if you commit any further offences within 12 months [or whatever the period stipulated is] you can be punished not only for the new offence but for this offence as well".

Magistrates do not have to impose another sentence. They may leave the CD to run its course. It is at their discretion. But if they do resentence the offence can only be subject to the maximum sentence for the offence in question. So D&D can only be dealt with by way of a fine even if it results in a Conditional Discharge being breached.

[nailit]

Thank you NJ for clarifying that, appreciate it.
Just found out that the custody sergant told him that he might get community service. But its been my experience that the police don't often know the law....
:(

[New Judge]

The very last person you should ask for or accept advice from on the law is a serving police officer!