Serving suspended Sentence

[tonysmith69]

Hi there, i have an upcoming Magistrates court date for criminal damage. Another person from the same case was given a 3-month suspended sentence and 6 months on electronic tag. My question is that if i am given the same sentence could i ask to serve the 3 month suspended sentence instead of the 6 months on electronic tag? Because i have currently served around 14 weeks on electronic tag due to my bail conditions and i dont think i could do another 6 months. I hope someone with any knowledge as to how this would work could help answer my question....thankyou!

[tonysmith69]

I havent learnt the first time round because there hasnt being a first time round yet. If you read what i have put you will see that i said i was on electronic tag as my BAIL CONDITIONS.

[AB Editor]

Afternoon Tony. Please ignore the judgemental on here. Most of our users understand you're here for advice, not a tongue-lashing. Those that do abuse you for asking a question will be dealt with. Please do not be put off by our minority of unhelpful users.

[tonysmith69]

ok thankyou.

[bednobs]

hiya, i don't think you can "negotiate" with a judge regarding your sentence, however, perhaps if there is some sort of presentencing report done by the probation service you could express your preference. TBH prison places are limited as far as i understand so i would think they'll be reluctant to make you serve the 3 months.
the point of punishments is that they are supposed to be hard, to prevent people from doing the same thing again. I don't think prison is the easy option either.
Waht is it about the tag that makes you think you can't do it?

[jackthehat]

You may well be given the 'suspended' part of your sentence, not because the Magistrate thinks you deserve it, but because there actually is no room in a cell for you.......
If your sentence is the same as the other person, you are, in effect, receiving a 9-month sentence although it is served in two parts.
Perhaps you would be sentenced to more time inside to both warrant you being sent there in the first place, and to balance out the portion that you wouldn't be spending 'on tag'.
I don't know whether your legal team would be able to advise you, given that they know *all* of the circumstances surrounding your case, whether you would be able to ask for, and receive this sort of consideration.
A final point, the bench may well decide that it will serve as further punishment for you to serve your sentence in a manner you find most inconvenient.........

[SeaJayPea]

It's certainly the case that if somebody gets a jail term, time served while on remand gets taken from that. There have been any number of cases where somebody has been given six months but, having spent that amount of time already, on remand, have been released the same day. Surely the same thing would apply to the wearing of a tag?

[tonysmith69]

Ok thanks to everybody for the answers. My problem is with being put 'on tag' is basically the fact that since i was put on bail curfew i have had to move back to my hometown living with my parents as that was the only suitable address for curfew. It has meant i have had to move away from the city i was living in and where my life was, away from girlfriend, friends etc etc. As a young adult living back with my parents isnt really where i want to be plus living back in my hometown where my prospects for a career/job is slim hence why i left here in the first place. And i know the whole point of punishment is supposed to make life uncomfortable as you have done wrong. But i am not arguing punishment, i would rather be punished to 3 months of hell in prison so then it is over and done with faster and i can carry on with my life. rather than 6 months of slowly wasting time. But i suppose if time spent 'on tag' is reduced then maybe it will equal out.