Judge following PSR?
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My person is due sentencing next week. PSR and psychiatric report both recommend community order. Does the judge usually follow the recommendations on them? I'm just so worried as I know it can also depend on the judge on the day.
My understanding is that they generally do, yes. Have you got some good letters of reference from people who know him well, including yourself? Those are helpful.
I've done a character reference and so has my mum. His therapist has written a letter about his engagement with them within the last year too as well as documented mental health issues since before and during this. The psychiatric report stated that it's very likely he has ADHD and if he had been taking correct medication they believe this wouldn't have happened. I don't know if the judge will taking all of that into consideration when passing sentence.
Sounds like you have really good back up evidence. The magistrates in our case had certainly taken ours seriously, and lots of others do as well, so hopefully your mag or judge will too.
Has he started on ADHD meds now? That could be good for the judge to know.
Has he started on ADHD meds now? That could be good for the judge to know.
He only got told about it in the psychiatric report which was done a few weeks ago and getting a gp appointment is a nightmare. My persons sentencing is at crown and I'm so worried that means it could very well be custodial even with all the evidence about his mental health.
Just a tip - take printed paper copies of your mitigation in case the court wifi plays up or, as in our son's case, his letters and reports hadn't been sent to the judge online as should have been done. The judge was going to just ignore this fact rather than sort it out so having paper copies helped as he accepted them and had a read.
There is a big difference between a community order and custodial. Does the solicitor think such a big jump is on the cards?
If on the waiting list for ADHD medication/diagnosis that might still be worth mentioning as it is in his favour that he is taking action to help himself.
If on the waiting list for ADHD medication/diagnosis that might still be worth mentioning as it is in his favour that he is taking action to help himself.
Hi Fearful
My OH was sentenced in Crown and the judge did follow the PSR and gave out a community order.
I'm keeping everything crossed for you x
My OH was sentenced in Crown and the judge did follow the PSR and gave out a community order.
I'm keeping everything crossed for you x
Thank you for all your replies. Just hoping and praying they follow the PSR, solicitor mentioned about bringing a bag just incase to be prepared and it's made me worry! I'm just so scared the judge will want to make an example of him and give a harsh sentence like I've read a few times on here. I'm absolutely terrified for him.
It's good to bring a bag as it shows judge they understand the seriousness of their crime.
Search on here for what to have in it - there's loads of good advice
x
Search on here for what to have in it - there's loads of good advice
x
Good luck this week, hope it goes as expected. Take care x
Thank you for all your replies.
We find out OH's fate today, hoping and praying they follow the PSR.
We find out OH's fate today, hoping and praying they follow the PSR.
By the time you read this you all will have jumped this hurdle and be at the start of the next phase, whatever it is.
Hope it is not too awful today. Be gentle with yourself.
Hope it is not too awful today. Be gentle with yourself.
It was horrific. The judge was harsh and didn't care about his years of mental health struggles. Very nearly sentenced to prison but due to character reference and support at home he got 14 months suspended for 2 years, SOR and SHPO 10 years. Tried to take the contact part of the SHPO off as no contact offence but the judge refused and kept it on. The things the judge was saying about my OH was horrible :(
Oh dear, so very sorry :(
The things they can say can be so hard to hear, so painful. Sounds like the probation person who did the PSR managed to understand your OH well, and sadly the judge didn't pay enough attention to their opinion :(
The actual sentence is not too awful though, although suspended is more severe than community order. Still, better than prison, eh.
They do often seem to stick with the contact element on the SHPO even though it is supposed to be left off for online only offences; it can depend on whether the solicitor can educate them!
Put the day behind you. Spend time with people who love and care. Talk it out. Cry it out. At least you know what the future looks like, and you still have him at home.
Sorry :(
The things they can say can be so hard to hear, so painful. Sounds like the probation person who did the PSR managed to understand your OH well, and sadly the judge didn't pay enough attention to their opinion :(
The actual sentence is not too awful though, although suspended is more severe than community order. Still, better than prison, eh.
They do often seem to stick with the contact element on the SHPO even though it is supposed to be left off for online only offences; it can depend on whether the solicitor can educate them!
Put the day behind you. Spend time with people who love and care. Talk it out. Cry it out. At least you know what the future looks like, and you still have him at home.
Sorry :(
