how long will it take the home office to release my partner as he was just found not guilty of an alledged assault but has still got to go back to prison as the allegation breached his licence conditions?
Sorry I do not understand what is happening here ''the allegation breached his licence ''? Was he out of prison on licence when the assult happened ? can you explain in more detail please.
Was he out on licence and then was accused of assult ? if so then I am afraid he may have to go back to prison until the parole board consider his case again. The conditions of the licence may have said he would be returned to prison if he was even accused of an offence not just if he was reconvicted. Still need more detail to give a better answer .
There are some strange technicalities with the law.
I was in the USA on holiday several years ago and I can remember reading about somebody who had been convicted of the murder of somebody who was later found to be alive.
The convicted person had to wait in prison for some days after the facts had been discovered because the conviction had to be quashed.
I was told by a lawyer in theory if they had released him and he had gone and murdered that person before the conviction had been quashed they could have not made him stand trial again as he would have been convicted of the offence at that point in time.
I think it would have been extremely he would have gone out and murdered that person.
dont hold your breath.a man i know of personally was arrested on new years eve for something he was not guilty of.the arrest breached his bail conditions and he had to go back and serve his sentence