tag:blogger.com,1999:blog-2727871367480602637.post8997338343485603872..comments2023-07-10T10:57:18.522+01:00Comments on The Magistrates' Blog: Crime Punishment and RehabilitationBystander http://www.blogger.com/profile/10211688955428527960noreply@blogger.comBlogger11125tag:blogger.com,1999:blog-2727871367480602637.post-89703080136511360392015-06-30T12:53:06.558+01:002015-06-30T12:53:06.558+01:00"resentenced him to a suspended prison senten..."resentenced him to a suspended prison sentence and explained exactly what that means"<br /><br />I can guarantee all he heard was "I stuck the Man the finger and just got let off. Score!"<br /><br />That is really going to reset his 'attitude problem'Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-2727871367480602637.post-40554805635823146902015-05-21T08:26:09.456+01:002015-05-21T08:26:09.456+01:00Sorry (Anonymous 19/5 & 20/5) but the original...Sorry (Anonymous 19/5 & 20/5) but the original post said 'we revoked his order, resentenced him to a suspended prison sentence.......'. So why, at that point, did the suspended sentence not include a requirement regarding unpaid work? The only reason that I can see is that probation may have said that it was 'unworkable' as he wouldn't comply. If that was the case I would have made custody immediate since he was clearly refusing to comply with a court order and to do otherwise would effectively reward him by removing the required 'punishment' aspect and replacing it with 'just' a suspended sentence!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-2727871367480602637.post-71721119564373108832015-05-20T09:14:02.344+01:002015-05-20T09:14:02.344+01:00I believe the reason why the outstanding hours wer...I believe the reason why the outstanding hours were not ordered to be completed was because he was now given a custodial sentence, albeit suspended. That sentence is more serious & was imposed for failure to complete the unpaid work requirement. A suspended custodial sentence is still a custodial sentence & you can't then additionally order completion of the outstanding hours when a custodial sentence, even if suspended, is in force.<br /><br />Suspended sentences can be very useful since they hang over the offender. The individual knows that any further offence can result in it's activation either in full or in part. Whether that actually happens is up to the future sentencing bench but there is an expectation that the SS will be activated.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-2727871367480602637.post-8430361611140068662015-05-19T11:25:42.000+01:002015-05-19T11:25:42.000+01:00I don't think suspended sentences can be revok...I don't think suspended sentences can be revoked. They can either be activated or not, or made more onerous. If I am correct I can see why the sentence couldn't have been amended to include the unpaid work.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-2727871367480602637.post-91412662295929798292015-05-18T13:15:34.518+01:002015-05-18T13:15:34.518+01:00If anyone wants to read a fairly simple guide to t...If anyone wants to read a fairly simple guide to the limits on sentencing and how judges of all levels go about it, have a read of this.<br /><br />http://www.sentencingcouncil.org.uk/blog/post/judges-and-magistrates-and-the-scope-of-their-sentencing-powers/SouthLondon JPnoreply@blogger.comtag:blogger.com,1999:blog-2727871367480602637.post-10586743212481107622015-05-17T21:16:38.204+01:002015-05-17T21:16:38.204+01:00I was wondering the same thing.I was wondering the same thing.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-2727871367480602637.post-35938055155251160382015-05-17T11:39:31.876+01:002015-05-17T11:39:31.876+01:00Why did you not revoke & resentence to a suspe...Why did you not revoke & resentence to a suspended custody together PLUS the outstanding 98 hours as a requirement?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-2727871367480602637.post-18460114299822021052015-05-16T21:24:09.372+01:002015-05-16T21:24:09.372+01:00Mandatory alcohol treatment? There have been many...Mandatory alcohol treatment? There have been many occasions when I have wanted a defendant to go on such a treatment programme but I have always been told it can only happen with the agreement of the offender.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-2727871367480602637.post-82976808753162717992015-05-16T09:21:14.250+01:002015-05-16T09:21:14.250+01:00Part of the problem is that direct custody is seen...Part of the problem is that direct custody is seen as missing a step out.... In the old days, before suspended custody, a bench would probably have sent him down as UPW was seen as last chance..Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-2727871367480602637.post-39871147010615023582015-05-15T23:50:03.208+01:002015-05-15T23:50:03.208+01:00Right, Tony. For many of our customers a sentence ...Right, Tony. For many of our customers a sentence of life in the salt-mines of Siberia (if only . . .) suspended on any conditions you can think of is a let-off. As long as they are not going downstairs today! Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-2727871367480602637.post-40742313689782558302015-05-15T22:30:52.567+01:002015-05-15T22:30:52.567+01:00Why suspended for the first one ? From his point ...Why suspended for the first one ? From his point of view, he just got off doing 98 hours work.Tony Frostnoreply@blogger.com