Solicitors letter
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A few weeks ago my OH had a zoom call with his Barrister ahead of sentencing. It was very positive and he suggested the outcome would be suspended. His sentencing was postponed again till next year so we breathed a sigh of relief thinking at least we could have a half decent Christmas. Today he's received a letter from the solicitor outlining his case and she's saying in her professional opinion it's likely to be a short custodial of between 1 and 3 years. His offence is possession of iioc large quantity but mostly cat c but there's also A and B. There's no distribution, no trying to engage with a child or young person and this is noted in her letter. All the cases I've read that are possession and they are higher number of images have been a suspended sentence. She doesn't even mention suspended in her letter even though the barrister said although it's crossed custody threshold he thinks with mitigation and the fact he has my support it could be suspended. I'm a mess, also wish the solicitor had sent the letter after Christmas. I just think now he's going to prison and mine and my kids lives are over. I don't know how I will pay the mortgage and bills on my own. Also my OH has waited three years and still hasn't been sentenced! Seems a massive kick in the teeth to then send him to prison.
Sorry you're going through this.
i would like to offer you the reassurance that in the experience of my OH, the barrister was very positive and "can do" and the solicitor far more pragmatic and negative.
the eventual outcome was somewhere in between.
dont forget that the prisons are full and so this impacts on sentencing decisions at the moment
x
i would like to offer you the reassurance that in the experience of my OH, the barrister was very positive and "can do" and the solicitor far more pragmatic and negative.
the eventual outcome was somewhere in between.
dont forget that the prisons are full and so this impacts on sentencing decisions at the moment
x
I'm sorry that you are having to go through this additional anxiety.
A sentence can be suspended if the custodial sentence is 2 years or less. A suspended sentence is a custodial sentence which is served in the community. You can also get up to a 33% reduction in the sentence for pleading guilty and mitigating factors.
I really hope that helps as I know only too well what that awful anxiety of the festive period feels like.
A sentence can be suspended if the custodial sentence is 2 years or less. A suspended sentence is a custodial sentence which is served in the community. You can also get up to a 33% reduction in the sentence for pleading guilty and mitigating factors.
I really hope that helps as I know only too well what that awful anxiety of the festive period feels like.
K4 thank you for the reassurance. Yeah it's almost like the solicitor hasn't actually taken into account anything the barrister has said. It feels so opposite to all the things the barrister said and the solicitor has just formed her own opinion. The barrister did bring up about the prisons being full and also said about me supporting him and the fact he's waited 3 years. The solicitor has said in her letter today that it could be a short custodial between 1 and 3 years so surely if it's 2 years they can suspend it?. He's pleaded guilty from the earliest opportunity and there's genuine remorse. I know I'm clutching at straws as it's down to the judge on the day ( in my opinion it shouldn't be just down to the judge on the day!). I'm just so anxious
Louise x
The solicitor can advise of the outcome worse case scenario, but no one other than the Judge on the day of the court can give the final outcome, as many of us say in here prepare for the worst and hopefully it wont be custodial
Easier said than done I know, but no matter how difficult this journey is we are all here to offer help and support x
The solicitor can advise of the outcome worse case scenario, but no one other than the Judge on the day of the court can give the final outcome, as many of us say in here prepare for the worst and hopefully it wont be custodial
Easier said than done I know, but no matter how difficult this journey is we are all here to offer help and support x
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Hi Louise49
Suspended sentences are classified as custodial sentences. But you are right, if he gets a sentence of max two years, it can be suspended and he doesn't actually have to serve time in prison.
So the barrister and solicitor might actually be talking about the same thing.
Might also be worth knowing that some solicitors prefer preparing the client for worst case scenario on the off chance it would happen, whereas the barrister will want to 'perk you up' for the battle.
Hope this makes sense x
Suspended sentences are classified as custodial sentences. But you are right, if he gets a sentence of max two years, it can be suspended and he doesn't actually have to serve time in prison.
So the barrister and solicitor might actually be talking about the same thing.
Might also be worth knowing that some solicitors prefer preparing the client for worst case scenario on the off chance it would happen, whereas the barrister will want to 'perk you up' for the battle.
Hope this makes sense x
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It does make sense yeah!. It's just it felt so positive from the barrister that he really didn't focus on a custodial, he did say it's always a possibility and that the offending has passed the custody threshold but then he talked about the state of prisons and how they are full. He also said all the judges have now been told to only use custodial in the very worst cases because the prisons are so full. It just really gets to me that it's down to one judge on the day. I don't think that's a fair system. It's outdated and like I've read quite a lot if the judge is in a bad mood then you've got no chance! How the hell is that fair!?