Perverting Course Of Justice Sentencing??...scared

[Em2711]

No criminal record and of good character...pleaded guilty to perverting course of justice and fraud by false representation....probation report suggests tag, women's centre etc everything but prison sentence.....I am petrified of what will happen, I have a 16yr old at home and I am the only parent....please advice of possible outcome?

[black_cat51]

most judges listen to the probation reports, because otherwise, why bother?

[Em2711]

I did wonder what would be the point but everything I have read says a min of 4 month custodial.....unless other factors....I have found no other cases to hint at similar sentencing

[Peter Pedant]

Guidelines are here:

http://www.cps.gov.uk/legal/s_to_u/sentencing_manual/perverting_the_course_of_justice/

fraud by false representation - everyone does that ( as Coco Chanel might say )
Perverting the course of justice is pretty serious ....

[Buenchico]

The court has to consider two thresholds. The first test is whether a non-custodial sentence can be passed. I suspect that your case may well fail that test, resulting in a custodial sentence.

However there's then a second test as to whether it's possible to actually suspend that sentence. It's likely that the court would then decide that it suspending the sentence would be the correct course of action.

[EDDIE51]

If you have pleaded guilty there is the 1/3rd reduction in sentence , then automatic release at the half way point.
So if you did get 4 months , 5 weeks off for a guilty plea leaving 11 weeks, release after 1/2 so that leaves 5 1/2 weeks . last month out 'on tag' so you would serve about a week in jail.

[themas]

You need to make sure your legal representative is fully aware of all the circumstances so they can use whatever is helpful in the plea for mitigation.

We don't know the nature of the offence - there is a very wide range of possible actions under the two headings you have admitted - & that is bound to have some effect on the sentence. If it is at the more serious end of the scale I assume it will be a Crown Court case rather than Magistrates Court.

[Em2711]

It is at crown court. My solicitor has said it is low end, less than 2k which I didn't even receive payout for.