Prison Avoided For Repeated Restraining Order Breach
Derby crime solicitor John Young recently acted for a client who faced what appeared to be an inevitable prison sentence. His client had an appalling history for breaching his restraining order. A first order had been made in 2010 but this had been breached five times.
Although that order was revoked in 2012, a second Restraining Order was imposed in 2014. That order had already been breached 10 times with the most recent sentence for breach being three weeks prior to this sentencing.
New breaches of a restraining order
John’s client was originally charged with two allegations of breaching the restraining order. On the second occasion he had been arrested at his ex-partner’s address so was clearly guilty of the offence. However John was able to negotiate with the prosecution that it wasn’t in the public interest to proceed with both charges. As a result, his client only pleaded guilty to the single offence.
All of the circumstances would suggest that a prison sentence was inevitable in this case:
- offence committed during a period of supervision
- offence placed him in breach of a community order
- he had an extremely poor record for identical offending
The sentencing guidelines suggested that not only should the case be dealt with by a prison sentence, but that the client should have been committed to Derby Crown Court for sentence. A sentence of six months in prison was represented by the prosecution as being insufficient because of these guidelines.
Suspended sentence rather than immediate custody
Instead, John used all of his experience and persuasive advocacy to ensure that his client received a further chance to turn his offending around while in the community. It is hoped he can avoid further breaches of his restraining order.
Continuity of Representation
John’s client was assisted by the fact that we are able to provide continuity of representation in most cases. He had dealt with his client for the previous court appearance so knew all of his background and the history of previous orders. As a result, all of this worked to his client’s advantage.
John’s client was both surprised and pleased to receive a suspended sentence rather than an immediate prison sentence of some length.
Contact a Derby Criminal Defence Solicitor
We offer 24 hour emergency advice and representation for those being investigated for criminal offences or detained for court at weekends. Police station advice and representation will always be free of charge to you, as will any interview with the police under caution, whether you are arrested or a volunteer, at the police station or at your home address.
The locations and contact details for your nearest office can be found here.
John Young can be contacted on 01332 546818 or if you want to email him then please use the form below.
