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Irish Justice
Jail for damaging a packet of crisps, even though she's pregnant. It only took 2 years to bring her to justice. I'm sure the resident Flog'em Brigade would welcome such draconian measures in their Little England.
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A visit to your local Magistrates’ Court will show that that minor offences such as this are usually dealt with in a lenient manner. However, you will occasionally see examples such as this. There’s comes a time in a miscreant’s “career” when all non-custodial avenues have been exhausted. Then the straw breaks the camel’s back and a jail sentence results for a petty offence. It’s clear that this lady had committed a string of petty offences and was trying to circumvent the order that had been put in place in an effort to protect the local populace. Custody is the only form of sentence that requires no co-operation from the defendant. She clearly failed to respond to earlier non-custodial disposals and the court was left with little option other than shrugging its shoulders.
“My cousin was given 6 months in jail for not turning up to probation. His first offence (which wasn't really an offence imo)”
More information required, ummm, because as it stands your statement makes no sense. Failing to report as directed for a probation appointment is an offence. Your contention that it was his first is a little strange because to receive a probation order one has to have committed an earlier offence. People who have not been convicted of any offences are not ordered to report to probation. What was the sentence for that offence? Did your cousin received a Suspended Sentence to which the probation order was attached? If the probation was a requirement of a Community Order the sentencing guidelines suggest that “wilful and persistent refusal to comply” must be present before a custodial sentence is considered and even then the sentence must not exceed that which may have been given for the original offence. It may be (or I might venture to say, must be) that you have not been told the full story. As for canary's remark that this sort of sentence would be welcomed by people in Little England, I'll treat that with the contempt it deserves. Except to suggest that he has obviously not lived in an area where the proliferation of offenders such as the one mentioned make the lives of the local population a misery. At least they will gain a little respite from her activities for a couple of months.
“My cousin was given 6 months in jail for not turning up to probation. His first offence (which wasn't really an offence imo)”
More information required, ummm, because as it stands your statement makes no sense. Failing to report as directed for a probation appointment is an offence. Your contention that it was his first is a little strange because to receive a probation order one has to have committed an earlier offence. People who have not been convicted of any offences are not ordered to report to probation. What was the sentence for that offence? Did your cousin received a Suspended Sentence to which the probation order was attached? If the probation was a requirement of a Community Order the sentencing guidelines suggest that “wilful and persistent refusal to comply” must be present before a custodial sentence is considered and even then the sentence must not exceed that which may have been given for the original offence. It may be (or I might venture to say, must be) that you have not been told the full story. As for canary's remark that this sort of sentence would be welcomed by people in Little England, I'll treat that with the contempt it deserves. Except to suggest that he has obviously not lived in an area where the proliferation of offenders such as the one mentioned make the lives of the local population a misery. At least they will gain a little respite from her activities for a couple of months.
NJ - there was a fight. Not his fault, I was in court and watched the CCTV footage. He got arrested, was given a suspended sentence, and had to attend probation. He kept not turning up for it. So when they caught up with him he was sentenced to 6 months in prison.
I gather it wasn't considered too serious as he was he was sent to a CatB prison.
But...he broke the rules over and over again. Now he has a very successful business...
He does have a love for daytime TV now :-)
I gather it wasn't considered too serious as he was he was sent to a CatB prison.
But...he broke the rules over and over again. Now he has a very successful business...
He does have a love for daytime TV now :-)
Ah so not quite as you said, ummm and more as I expected.
When somebody is handed a suspended prison sentence it either comes without requirements or (more usually these days) with. They can include unpaid work, curfew orders or probation supervision. When the sentence is handed down they are told, quite definitively, that if they commit any further offences within the period of the suspension or if they fail to comply with the requirements the sentence will be activated. Judges and magistrates have guidance which suggests that unless there are compelling reasons not to do so or it would unjust in some way, the sentence should be activated in the event of a breach. This is reasonable as to do otherwise would defeat the object of suspended sentences. Even more than that, the probation service has a process which it goes through before "breach" proceedings are instigated and their clients are not routinely breached following their first failure.
When somebody is handed a suspended prison sentence it either comes without requirements or (more usually these days) with. They can include unpaid work, curfew orders or probation supervision. When the sentence is handed down they are told, quite definitively, that if they commit any further offences within the period of the suspension or if they fail to comply with the requirements the sentence will be activated. Judges and magistrates have guidance which suggests that unless there are compelling reasons not to do so or it would unjust in some way, the sentence should be activated in the event of a breach. This is reasonable as to do otherwise would defeat the object of suspended sentences. Even more than that, the probation service has a process which it goes through before "breach" proceedings are instigated and their clients are not routinely breached following their first failure.
