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Probation Officer Recommends Custodian Sentence..PLS HELP..!!!

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iamveryConfused | 13:27 Mon 06th Sep 2010 | Criminal
3 Answers
When i was arrested, i was kept in remand for 3weeks and 2days(by magistrate court), at my second hearing at a crown court, i pleaded guilty, expecting to be sentenced, the judge let me off on bail(my barrister didnt even ask for bail) and the judge asked for a pre sentence report to be done. Court adjouned to 6weeks. I was contacted by my probation officer and a meeting was arranged. I was on time and since this is my first
offence, i didnt even know what to expect.

I however noticed that my probation officer was a little mean for no particular reason, i didnt understand why as i answered all her questions to the best of my knowledge, she started to quering all my responses even those that she had evidence for, then she said i had lied about my age as she thought i wasnt that old, i just sat there mouth agape, it was worse than been in court,,! she was more like my prosecutor as the argued with me and seem angry that i was so calm. Anyways at the end of it all, she blatantly told me that she would recommend that the judge sends me back to jail ie a custodian sentence, she must have said it like 10 times in the space of 1hour, i didnt say anything as i was just too confused. I told my barrister about the whole episode and she too was as shocked as i was.
A week later, my probation officer calls me up again saying she had forgotten to ask a few question, only to go over questions she had already asked me, i answered without query, she then said she hadnt changed her mind about her custodian sentence recommendation and hung up the phone. Need i say i have not been able to sleep since.

Please advise on what might happen. i was let off on bail even though we didnt ask for it, why the judge did this i dont know, this is my first offence and now my probation officer is recommending that i be sent back, is her recommendation the final say? she said it is..
What are your thoughts?
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I think you'll be needing to explain what you were arrested and prosecuted for..........
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Apologies, i was charged for possession of identity document with intent contrary to section 25 (1, 2 and 6), this was what was written on my charge sheet but my lay man explanation is i was caught working with false document, the said document wasnt in my possesion but a copy that i had provided was kept in record which was used against me.
Hope this helps
Up until 2 years ago sentences of 9-12 months for such offences, following a guilty plea, for someone with no previous convictions were the norm. The law has changed slightly now and a comparison can be made between those who hold false identity documens in their own name and those who have them in a false name. People who have documents in someone elses name can be expected to receive an inevitable custodial sentence. The probation officer is not 'god' but I would be surprised if the probation officer had anything to offer the court in way of suggestions for sentence for you. For a first offence of this nature it is unlikely they would suggest you need probation supervision. I would imagine the judge will give you either an immediate custodial sentence of around 9 months or consider suspending it for 2 years with a condition of unpaid work and/or a curfew.

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