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Son Charged With Affray
Just hoping for some answers on likely outcome as its been sent to liverpool crown court son is 21 years old 1st time he as ever been arrested let alone convicted of anything he was on a night out and an argument escalated to a one on one fight then other people decided to join in and so forth resulted in some boy getting knocked out i think the whole thing lasted around 10 minutes me and his mum are worried sick as and heart broke as the solictor states its passed the custody threshold its so out of chracter and we are fearfull that if he goes to prison he will lose his job he as worked hard for also it would also cause hardship to the family as money is tight , please dont judge him as we are all upset thank you
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It's probably been heard firstly at the Magistrates' Court (as all criminal matters are). Affray is an "either way" offence. This mean the Magistrates have to decide:
(a) in the event of a guilty plea, whether the matter is too serious for them to sentence (usually, where they believe it warrants more than six month's custody) or
(b) in the event of a Not Guilty plea, whether the trial will take place in the Magistrates' Court or the Crown Court (though if they decide to retain jurisdiction, the defendant still has the right to a Crown Court trial).
The sentencing guidelines for Affray are here:
You will see that for the matter to be passed to the Crown Court (unless the defendant exercises his right to a Crown Court trial) the Magistrates must have considered that the offence falls int the top band of seriousness.
(a) in the event of a guilty plea, whether the matter is too serious for them to sentence (usually, where they believe it warrants more than six month's custody) or
(b) in the event of a Not Guilty plea, whether the trial will take place in the Magistrates' Court or the Crown Court (though if they decide to retain jurisdiction, the defendant still has the right to a Crown Court trial).
The sentencing guidelines for Affray are here:
You will see that for the matter to be passed to the Crown Court (unless the defendant exercises his right to a Crown Court trial) the Magistrates must have considered that the offence falls int the top band of seriousness.
NJ's link seems to have gone AWOL. I'm guessing that this is the one he intended to post:
https:/
(Somewhat oddly, there seems to be no Crown Court sentencing guideline available).
Based upon reading court reports for around half a century (and having done a small amount of court reporting myself), I know that judges don't rush to send first-time offenders to prison. Any custodial sentence which is passed is likely to be less than 2 years, meaning that the judge can consider suspending it. A first-time offender, expressing remorse, in regular employment and with a secure family background stands a reasonable chance of seeing any custodial sentence suspended.
https:/
(Somewhat oddly, there seems to be no Crown Court sentencing guideline available).
Based upon reading court reports for around half a century (and having done a small amount of court reporting myself), I know that judges don't rush to send first-time offenders to prison. Any custodial sentence which is passed is likely to be less than 2 years, meaning that the judge can consider suspending it. A first-time offender, expressing remorse, in regular employment and with a secure family background stands a reasonable chance of seeing any custodial sentence suspended.
Based on my own expierience I would say the chance of a 'suspended' is high ! But remember there is automatic release at the halfway point so a 6 month sentence means release after 3 months ! The remaining time is spent 'on licence ' with having to report to a police station once a week ! The actual report to the police station takes a few seconds only, you just show your face and go ! (been there,got the T shirt!)
Yes, thanks for the missing link, 'Chico. Don't know what happened to mine - ineptitude and/or senility creeping in.
You often don't find separate Crown Court sentencing guidelines for "either way" offences. Just to add to what Eddie said about early release: those sentenced to custody of up to four years are normally released after serving one quarter of their sentence (subject to a minimum service of 28 days). The second quarter of their sentence is served under "Home Detention Curfew" where they are tagged to remain indoors for (usually) a period of ten hours at night.
You often don't find separate Crown Court sentencing guidelines for "either way" offences. Just to add to what Eddie said about early release: those sentenced to custody of up to four years are normally released after serving one quarter of their sentence (subject to a minimum service of 28 days). The second quarter of their sentence is served under "Home Detention Curfew" where they are tagged to remain indoors for (usually) a period of ten hours at night.
"...surely this is a good thing right or do probation always try keep you out of jail"
Yes they do. It's become an increasingly significant (but unpublished) part of their brief in recent years. The report should have taken into consideration what the judge had in mind when he requested it. Probation will make recommendations for alternative sentences and it is up to the judge to decide.
Yes they do. It's become an increasingly significant (but unpublished) part of their brief in recent years. The report should have taken into consideration what the judge had in mind when he requested it. Probation will make recommendations for alternative sentences and it is up to the judge to decide.
No he would not ignore the report. The process is this:
The judge asks the probation service to prepare a report. He should, at this time, announce (in open court) what type of sentence he is considering (mainly, whether or not he has ruled out custody). He should also announce what the purpose of the sentence should be (punishment/rehabilitation/recompense/protection of the public).
The report is prepared with those remarks in mind and it will include information on how the probation people believe the offender will respond to the various options and how those options will meet the judge's sentencing requirements. Sentencing is a complex balancing exercise but at the end of the day it is up to the judge.
The judge asks the probation service to prepare a report. He should, at this time, announce (in open court) what type of sentence he is considering (mainly, whether or not he has ruled out custody). He should also announce what the purpose of the sentence should be (punishment/rehabilitation/recompense/protection of the public).
The report is prepared with those remarks in mind and it will include information on how the probation people believe the offender will respond to the various options and how those options will meet the judge's sentencing requirements. Sentencing is a complex balancing exercise but at the end of the day it is up to the judge.
Hi guys just thought i'd update everyone well its all over and as avoided prison so a very happy family hopefully lessons learnt he was sentenced to 12 month prison suspended for 18 month £500 fine 12 month probation 10 day rehabilitation order 120 hours cs and 4 month tag so i guess he is a very lucky boy thanks for all the kind words of support
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