Community Orders
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Hi Everyone,
We are still very much in limbo but I was hoping given the potentially "low-level" of his case that OH could get a community order rather than a suspended sentence. In these situations 5 years on the register rather than 10 is at least something to hope for if he is found guilty. It just makes it seem that bit more manageable.
I was just wondering if your person did get a community order if you'd be happy to list the charge and its details if relevant (number, category of IIOC etc or circumstances of communication offence).
Thank you lovely ladies as always.
We are still very much in limbo but I was hoping given the potentially "low-level" of his case that OH could get a community order rather than a suspended sentence. In these situations 5 years on the register rather than 10 is at least something to hope for if he is found guilty. It just makes it seem that bit more manageable.
I was just wondering if your person did get a community order if you'd be happy to list the charge and its details if relevant (number, category of IIOC etc or circumstances of communication offence).
Thank you lovely ladies as always.
We were 5 images 2 cat a and 3 cat b
He was given 150 hours community payback 1 year supervision and 1 year on register
We did have private cyber expert check phone which proved it had never been searched for and could only be retrieved by an expert
He was given 150 hours community payback 1 year supervision and 1 year on register
We did have private cyber expert check phone which proved it had never been searched for and could only be retrieved by an expert
There is no obvious reason why a judge goes for a community order rather than a suspended sentence, but the number of images and even the category is less important than the mitigating factors.
They will also want to know whether the person understands the reasons for their behaviour and what help they are getting for that. If they are already taking steps to address those issues before they are sentenced then it will go in their favour.
They will also want to know whether the person understands the reasons for their behaviour and what help they are getting for that. If they are already taking steps to address those issues before they are sentenced then it will go in their favour.
Thanks Edel that's very helpful.
It's the prospect of 10 years on the SOR etc that I find incredibly daunting. I know it can be appealed after 5 years but that's such a big unknown with regard to success.
It's the prospect of 10 years on the SOR etc that I find incredibly daunting. I know it can be appealed after 5 years but that's such a big unknown with regard to success.
What does a community order look like?
Does it depend on severity?
If my person has been having therapy and has completed the safer lives programme, would community order be an option? Or would they then think that he still needs punishing so a community order/fine/sentence?
Does it depend on severity?
If my person has been having therapy and has completed the safer lives programme, would community order be an option? Or would they then think that he still needs punishing so a community order/fine/sentence?
It depends on the circumstances of the offence. I think if someone has been distributing IIOC or inciting sexual activity with a minor than a community order is very unlikely (though not impossible) because it's outside of the sentencing guidelines. But possession of Cat C and B can be a community sentence at the lower end. But as Edel says I imagine this has a lot to do with mitigating factors and whether the person was fully cooperative and "owned" their offence from an early stage.
All of the mitigating factors you mention are relevant but I suppose the judge will look at the whole picture. I saw someone with 250,000 images (mostly Cat C) get a community order! And someone with only 6 images (one at Cat A) get a suspended sentence. Very variable it seems.
All of the mitigating factors you mention are relevant but I suppose the judge will look at the whole picture. I saw someone with 250,000 images (mostly Cat C) get a community order! And someone with only 6 images (one at Cat A) get a suspended sentence. Very variable it seems.
Community orders can include unpaid work, or a fine, although both of these are optional, but really it just means they will be monitored by probation for a certain length of time and they will have to complete a certain number of rehabilitation days.
The rehab days can include almost anything that helps them with their addressing whatever issues they have. It will be slightly different for each person, because everyone has their own reasons for offending, and often they will be sent on certain programs as well, most commonly the Horizon one.
The rehab days can include almost anything that helps them with their addressing whatever issues they have. It will be slightly different for each person, because everyone has their own reasons for offending, and often they will be sent on certain programs as well, most commonly the Horizon one.