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Sentence today was confusing

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Dollydoo

Member since
May 2022

22 posts

Son got charged 2 offences, communication with minor and sexual intent I think he sent sexual photos not of himself.He had medical assessment week ago and the judge said I can't sentence today as I know he was excepted on medical grounds but I need to know what he needs meaning what type of help how many days ect thats the difference between prison and community service and therapy? Does this sound like judge is willing to avoid prison? And put him into therapy?

Anyone in same position? He goes back in 3weeks, and because of the mental health act does those mean it can't go reported on media?

Posted Tue September 5, 2023 11:23pmReport post

Newlady

Member since
April 2021

644 posts

It all really depends on judge I'm afraid . We had mental health assessments sent to judge B4 hand (well when we changed barrister but that's a whole different story ) plus call logs to stop it letters from therapists etc . Went to court 3 times , so I know this must be increadably stressful for you bath . 3rd time judge took the weekend to decide , he got 3 years probation and 5 years sor /shpo . 3 charges of attempted communication (can't remember the full thing ) . My person was lucky they were fair . Xx

Posted Wed September 6, 2023 11:18amReport post

Newlady

Member since
April 2021

644 posts

It all really depends on judge I'm afraid . We had mental health assessments sent to judge B4 hand (well when we changed barrister but that's a whole different story ) plus call logs to stop it letters from therapists etc . Went to court 3 times , so I know this must be increadably stressful for you bath . 3rd time judge took the weekend to decide , he got 3 years probation and 5 years sor /shpo . 3 charges of attempted communication (can't remember the full thing ) . My person was lucky they were fair . Xx

Posted Wed September 6, 2023 11:18amReport post

Dollydoo

Member since
May 2022

22 posts

Lee....

Very difficult to get any information from him on the terms but he's pleaded guilty already and this was a sentencing. Somewhere along the line his solicitor asked for a mental evaluation as he's been on medication and suffers depression. The results were given to the judge .The solicitor said he's a candidate for mental health. The judge said I know he's a candidate but the health assessment didn't say what type of treatment he would need or how many hours ,he said if you want me to work with you I need more information to make a decision, it sounded like he wanted to keep him put of prison to me

We couldn't hear a thing in gallery.My son had a ear piece on as he's hard of hearing bit we couldn't hear much.

He is already on the offenders register from the start of this he was put on before court.

Posted Wed September 6, 2023 7:03pm
Edited Wed September 6, 2023 7:05pmReport post

edel2020

Member since
March 2022

543 posts

There is something called a mental health treatment requirement (MHTR), which the courts can include as part of a sentence. It's usually added on to a community order, rather than being an alternative to an order.

But because it is court ordered, there are penalties for not taking part. If he were given 40 hrs of therapy for example and he didn't make one of the appointments, he could be taken back to court.

MHTRs are also incredibly rare. They are only used in around 1% of cases.

Posted Thu September 7, 2023 10:38amReport post

Dollydoo

Member since
May 2022

22 posts

Edel2020

Would this mean he may just get rehab and therapy and not a prison sentence?

Posted Fri September 8, 2023 12:53pmReport post

edel2020

Member since
March 2022

543 posts

An MHTR can be used as part of a community order, or a suspended sentence, so if that is what they are discussing, then it would mean he will not be sent to prison.

But he will still be monitored in the community by probation and the police, just like anyone else.

Posted Sat September 9, 2023 11:14am
Edited Sat September 9, 2023 11:17amReport post

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