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Pleaded guilty to section 20, now sentenced under sect 18

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beryldog | 00:15 Wed 16th Apr 2008 | Criminal
4 Answers
My daughter was in a violent relationship and last July he was found guilty of ABH. In August he assaulted her when she collected their daughter, she stabbed him in the arm and she was arrested for attempted murder. She suffered many bruises which were all photographed.
She was released on police bail and later charged with section 18 after a decision was made by the CPS. When she entered her plea it was dropped to sect 20. She was sentenced on 28/03/08 to six months imprisonment. (max for sect 20) to a maximum security prison. I received a very disturbing call from her two days ago saying she had been transferred to a wing with violent prisoners and her paperwork stated that she had been sentenced under sect 18. I contacted her probation officer who said as far as she was concerned it was sect 20 and was shocked at the sentence given although her paperwork seemed unclear. I also contacted the prison who confirmed their paperwork stated sect 18. I have emailed her solicitors and have not received a reply.
My questions are
1. Can she be sentenced for sect 18 when she had only pleaded guilty to sect 20 and therefore no trial?
2. What steps can I take to sort this problem out?
This is her 1st offence.
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phone the solicitors right now and tell them that if they do not act at this very minute you will report them to the Law Society and the OSS.

Phone the CPS and ask them actually WHAT she was sentenced with.

They all take time.

Tell them you are not going to waste time with their mistake.

Boyfriend sounds like a real w***ker! and I hope you have custody of her daughter whilst she serves her time for something that she shouldnt be!

Take Care.

katie. x
Question Author
Thanks Katie, hadn't thought of the CPS. Tried her solicitors again and they said her solicitor is away till Friday so they can't help till then. Sounds a little odd that they can't check paperwork right now.
Sadly with the social services pearls of wisdom, the father has custody of my grandchild as none of the violence was aimed towards her. Will call CPS first thing in the morning.
Thanks
-- answer removed --
Question Author
Called the court records office yesterday who confirmed that my daughter was sentenced under section 20, called her solicitor and gave them all the details and insisted that they sort it out immediately or I would report them! They faxed the prison and within an hour I had a call from my daughter saying she had been moved, thank god! She will now be eligible for early release (tagged) for the remainder of her sentence.
We all hear about the BIG mistakes and although, hers isn't headline news, I wonder how many others are in the same position. During her few days in the violent offenders block, she witnessed many fights and one woman setting fire to herself in her cell. After years of domestic abuse I wonder what her frame of mind will be when released!
Thanks for your support! Chris

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