Suspended Sentence Order Allowed to Continue
Chesterfield Crime Solicitor David Gittins recently used all of his experience to identify a reason why it would be unjust for the Court to activate a Suspended Sentence Order. His job was made all the more difficult as the new offence was an assault on the same victim. David was successful in persuading the court that justice could be best served by his client receiving a further opportunity.
Offending during a suspended sentence order
David’s client had been arrested and charged with an allegation of common assault. It was said that whilst in drink he had punched his partner who was trying to get him to leave her car. This was witnessed by others at the scene and resulted in both police and ambulance staff being called.
David’s client was taken to the police station. He chose not to answer questions in interview, instead providing a “no comment” interview. He was, unsurprisingly, charged with the offence. The case was initially listed for trial. This was because our client initially wished to argue that he was acting in self-defence. Further analysis of the evidence and legal advice from David meant that he changed his plea to guilty.
Legal advice leads to sensible guilty plea
This guilty plea put David’s client in breach of a suspended sentence. That offence had also been committed in similar circumstance. As a result, it appeared highly likely that the court would activate the suspended sentence.
David spent some time with his client so he could obtain any information that could be used in mitigation. He also took the time to seek information from the probation officer at court. The officer was able to confirm that his client was progressing well on the community elements that comprised the suspended sentence order. This information gave our client an opportunity to argue that he ought to be given a further opportunity. Instead risk was best addressed in the community.
David addressed the District Judge at length about the reasons behind the recent offending. He offered forward the personal mitigation. This was linked to good progress that his client was making with both the probation and mental health services.
He was able to outline how any period of imprisonment would be detrimental to his client’s rehabilitation because the support and treatment he was currently receiving would not be available in prison. He was at risk of losing stable accommodation which is so important in an offender’s rehabilitation.
Suspended Sentence Order Allowed to Continue
The District Judge agreed that it would be unjust to activate the suspended sentence because of the detailed mitigation put forward by David. Instead he imposed a further suspended sentence order. The breach had to be marked so the operational period of the original suspended sentence order was extended by two months.
David’s client was obviously delighted with the opportunity to continue to turn his life around and receive treatment within the community.
Criminal Legal Aid Available
Legal Aid is available for Magistrates’ Court proceedings, although it is dependent on a merits and means test being satisfied. In this case, David’s client was able to receive legal aid for his representation. As a result our advice and representation was free of charge to him.
Contact a Chesterfield Crime Solicitor
Whether you face a police investigation, Magistrates’ Court proceedings or a case before the Crown Court you will wish to instruct a criminal law specialist. We provide advice and representation nationwide from out offices across the East Midlands.
If you wish to instruct David then please telephone him at our Chesterfield Office on 01246 283000 or use the contact form below. Our other offices can be found here.
