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Probation report in court

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Pregnantandscared

Member since
April 2021

140 posts

Posted Mon April 25, 2022 1:30amReport post

Hello, we have sentencing on Friday. Communication offence with police decoy (age 12) and incitement charges including penetration (he asked them to masturbate).
we had it postponed since end of March and I'm even more terrified if I'm honest.
Draft SHPO has been shared and only stipulates internet use, nothing about being around children and nothing to say he can't live at home - once SS allow, and they've said they will start that process once court is over.

My question is how much does a judge follow or listen to a probation report? My partners was hugely positive and we've been lucky as she seemed to understand that it's not going to mean a contact offence.etc. They've suggested high level community order but I really wonder how likely that is?

We have a lot of mitigation and reports from professionals too, but really hope it gets listened to?

Daffodil

Member since
March 2022

965 posts

Posted Mon April 25, 2022 5:19amReport post

Post deleted


Edited Tue October 24, 2023 9:12am

majestictopaz

Member since
December 2019

499 posts

Posted Mon April 25, 2022 8:54amReport post

The judge didn't mention the report but did sentence with what was recommended. - suspended sentence but that was for possession and distribution

Pregnantandscared

Member since
April 2021

140 posts

Posted Wed April 27, 2022 9:30pmReport post

Sentencing is day after tomorrow and I feel sick. All I see is horrific sentences in the media and I can't bear him going away and leaving me and our little girl :(

Daffodil

Member since
March 2022

965 posts

Posted Thu April 28, 2022 4:40amReport post

Post deleted


Edited Tue October 24, 2023 9:12am

Pregnantandscared

Member since
April 2021

140 posts

Posted Thu April 28, 2022 6:51amReport post

I know they do, and it's made worse by the fact that my job is a journalist so I fully know what the process will be.
I just hate that I can't see any or very very little cases with communication with decoys and attempt to incite charges resulting in suspended sentences or community orders (as probation has suggested for my partner). Just feels like custody is inevitable and I hate it.

Daffodil

Member since
March 2022

965 posts

Posted Thu April 28, 2022 7:32amReport post

Post deleted


Edited Tue October 24, 2023 9:12am

SAL

Member since
December 2021

895 posts

Posted Thu April 28, 2022 8:31amReport post

I found the lead up so strange. I just wanted to know what the outcome would be, but for me I knew it would be custodial, just a question of how long for, so it was hard knowing it was our "last" day together, but in some ways I'm grateful we'd never been given hope of anything less than custodial.

Like you I trawled and trawled the Internet and the law pages. I did find some with suspended sentences, as the post above says, not every case is reported on and the details behind each case is so different. I also found some with much shorter sentences than my partner recieved.

My partner didn't plead guilty until very late so lost quite a big discount. There were aspects to his offence that were deemed more sinister (he was talking to a adult, so the conversation escalated quickly and graphically). The judge also had nothing but the evidence and the PSR - No personal statement, no references, very little work with the therapist. Painted a pretty vile picture of him. My point here is that there are so many variables.

There is nothing more you can do to help his case.

Try and keep yourself busy for the next couple of days. Do some things together. I found the hours went by slowly individually, but as a whole passed quickly. When we had confirmation that the sentencing would go ahead, we took some time to talk about how we felt, some practicalities that would help ease anxieties, then went out for a casual meal - We weren't ignoring what was round the corner, but it wasn't what we focused on. My heart goes out to you.

Are you going to court?

ScaredLamb

Member since
May 2021

203 posts

Posted Thu April 28, 2022 7:48pmReport post

Hi just wanted to say I'm thinking of you for tomorrow! Best of luck.

Jayjay

Member since
December 2021

695 posts

Posted Thu April 28, 2022 9:24pmReport post

Thinking of you for tomorrow, hope you get some sleep and let us know how you get on x

Distressed and pregnant

Member since
November 2020

1000 posts

Posted Thu April 28, 2022 9:38pmReport post

Hi,

I wanted to give you a bit of hope, my partner was given a 3 year community order and also had incitement charge with a decoy age 14. He had been on remand for six months, so unsure if that made a difference. All the best for tomorrow, will be thinking of you all xx

Upset mum

Member since
June 2020

2402 posts

Posted Thu April 28, 2022 10:02pmReport post

Pregnantandscared

I will be thinking of you tomorrow sending strength and hugs xx

Daffodil

Member since
March 2022

965 posts

Posted Fri April 29, 2022 6:30amReport post

Post deleted


Edited Tue October 24, 2023 9:12am

Hopeforthefuture

Member since
September 2021

97 posts

Posted Fri April 29, 2022 6:46amReport post

Hi Pregnantandscared,

My thoughts are with you today. Sending virtual hugs xxx

Smile through tears

Member since
September 2021

2550 posts

Posted Fri April 29, 2022 7:28amReport post

my thoughts are with you today too x

Newlady

Member since
April 2021

644 posts

Posted Fri April 29, 2022 8:03amReport post

Thoughts are with you today xx

Pregnantandscared

Member since
April 2021

140 posts

Posted Fri April 29, 2022 1:41pmReport post

18 months suspended 10 years on register but he's not in prison and can come home soon! Social services have said they will start the process ASAP.

Judge made lots of comments about all the work he has done and how he's been absent from his daughters life, and she was very fair.



Honestly words can't describe! X

Chelsea 1

Member since
June 2021

891 posts

Posted Fri April 29, 2022 1:49pmReport post

Hiya hun.

At least it's now over and you can rebuild your life's.

Any media issues ?

Xx

Daffodil

Member since
March 2022

965 posts

Posted Fri April 29, 2022 1:49pmReport post

Post deleted


Edited Tue October 24, 2023 9:12am

Alison20

Member since
March 2021

363 posts

Posted Fri April 29, 2022 1:50pmReport post

I am so pleased for you all with this outome.

Wishing you all the best for the future. x

Pregnantandscared

Member since
April 2021

140 posts

Posted Fri April 29, 2022 2:00pmReport post

Hi Chelsea, no media in court and no photographers outside but not sure yet as too soon to tell.
Our home address was never read out in open court so that's one positive too.
he also has an incredibly common name (might as well be John Smith) so hopefully able to distance ourselves!

Sparrow

Member since
April 2022

40 posts

Posted Fri April 29, 2022 2:48pmReport post

Pregnantandscared

that is such good news for you and I expect you feel real relief and you can start to look forward.



my partner (ex) is potentially looking at same charges (waiting in them). Did you OH plead guilty from very start or only after charges? What rehab did he do? And do you feel this helped.



thanks xx

Pregnantandscared

Member since
April 2021

140 posts

Posted Fri April 29, 2022 3:50pmReport post

Hi Sparrow,

my partner admitted everything in initial police interview as he declined a solicitor. At first I thought it was stupid of him, but actually he got full credit for doing this and being clearly sorry and remorseful.



He didn't plead at magistrates as it just went up but made it clear it would be guilty plea. He also then made a guilty plea at crown court and was given the third off for that.



He had huge mitigating factors and his letter of acknowledgment alongside character references were noted. He also had a report from his therapist and also a report from Safer Lives too - which again were noted.



it's still always down to different judges.etc but showing sincere remorse and getting help is huge!

Upset mum

Member since
June 2020

2402 posts

Posted Fri April 29, 2022 4:04pmReport post

Pregnantandscared

So glad for you all and it's good to read the judge was fair xx

Time for the next chapter and I hope you can finally settle and find all the happiness you all deserve

Take care and sending hugs xx

SAL

Member since
December 2021

895 posts

Posted Fri April 29, 2022 6:00pmReport post

I'm really pleased for you and your family. It's a strange thing to feel when the same charges get such different sentences and my partners sentence was so much more severe.

But I can also see many differences between how your partner responded to how my partner did. I genuinely think he'd got away living in a fantasy world for so long online, living a lie and cheating on his ex partners with no concequences, I think he thought he could get away with this too without consequences. While I'm sure there are still big variances in sentences based on how the judge interprets the law and how good the defence is, perhaps the differences in sentences are different for seemingly justified reasons.

Very pleased for you, enjoy your first weekend without the stresses of the unknowns. Wish you well on the next chapter.

ScaredLamb

Member since
May 2021

203 posts

Posted Fri April 29, 2022 9:16pmReport post

Pregnant and scared.
I am so so so happy for you. I'm so happy that the judge was fair and that SS are going to help get your hubby home as he should be!!
it also gives me crazy hope that we get similar now too! Though I know it's very hit and miss.
well done to all of you for putting the work in!

Sparrow

Member since
April 2022

40 posts

Posted Sat April 30, 2022 2:37pmReport post

Thanks Lee and Pregnantandscared

good to hear both sides re pleading guilty and different points.



I agree most important is rehabilitation and work on selves. However in my partner (ex) case the solicitor has advised against any courses prior to getting charges. I disagree as think it's best to get the support

have others been given this same advice from solicitors. Don't want to go against their view as professional but I do wonder if that really is best