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Attending court

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What you will find on this page

What should I expect when my loved one goes to court?
Pleas
What will happen at my loved ones' sentencing?
Writing to the judge about sentencing
Types of sentence and punishments
Will my partner be recalled to prison? 

What should I expect when my loved one goes to court?

Depending on the charge and what point the proceedings are at, you could attend different courts; these are:

 

All criminal cases start in a magistrates' court. 

 

  • Magistrates’ - less formal and usually quite quick, and 

  • Crown Court - more formal and has a jury

 

Key things to keep in mind:

 

  • you will usually be allowed to attend court to support your person

  • If your person is on bail they will make their own way there

  • if your person is remanded they will either appear via video link, where they remain in custody and appear on a tv screen in the court from prison, or they appear in person and are transported to the courts from prison

  • you won’t be able to spend time with them but you can speak to their legal rep and you will be able to see them from the public viewing area

  • If you are a witness you will have to wait until you have given evidence before you can watch the rest of the trial.

 

Your first experience of court can be particularly hard. Legal proceedings can take a long time and it’s totally normal to feel stressed and unsure of what is happening. 


Click the links below to view the different hearings and procedures and what to expect.

 

In magistrates' court - Court Stage - Enforcement Guide ... - HSE

At the Crown Court - Court Stage - Enforcement Guide (England & Wales

Pleas

Guilty plea - if your person pleads guilty then they will not have to run trial and it’s just a case of  waiting for sentencing.

 

Not guilty plea - If they plead not guilty then a trial will be held.

 

Waiting 

 

The biggest stress is waiting for the outcome. When the trial is up and running, and when there is an outcome, you have more of an idea of timescales of what is happening next. One of the biggest stresses people talk about when they have a loved one  either in custody or involved in the justice process, is the amount of delays and the uncertainty around what and when things are happening. 

What will happen at my loved ones sentencing?

Once the trial has been heard or a guilty plea has been given, the proceedings enter the sentencing phase. Sentencing finally lets you know what your person is facing next.

Writing to the judge about sentencing

You are able to write to a judge to express your personal opinions on your person when it comes to their sentencing. Obviously, this is extremely personal and the content will reflect your circumstances.

If you would like some hints and tips of what you may include please click on the link below

 

Letter to a Judge to Defend my Case?

 

The moment of sentencing can stir up lots of feelings and emotions for everyone involved, and you might be shocked to find that the sentence given is not what you expected. Your solicitor will have given you an idea of what the outcome might be, but it’s just a well-informed prediction and only the judge knows what they are going to hand down.

 

If you weren’t expecting custody and a custodial sentence is handed down, it can be devastating. Getting as much information as possible beforehand about what could happen at least will give you some knowledge of what to expect. Some things you will want to know in the event of a custodial sentence are:

 


 

Going home to an empty house is really hard the first time and it’s totally normal to be emotional. Having a good friend or family member on standby to either be with you or be available on the phone, is always good to have.

Types of sentence and punishments

There are different types of sentence and punishments:

 

  • prison

  • suspended or discharges

  • fines

  • community services 

 

Concurrent and consecutive sentences - when there is more than one charge and a sentence is given for each charge. Concurrent terms are all served at the same time, so for instance three sentences of three years, served concurrently, will mean a total of three years is served. Consecutive terms are served one after the other; using the previous example nine years would be served.

 

Suspended sentence – a sentence is given but it is delayed and served in the community. For example, six months suspended for two years. Your person may be required in that time to do things such as curfew, rehab, supervision, unpaid work, etc. If the conditions of the sentence are broken!) they can get sent to prison.

 

 

Determinate sentence - most sentences are determinate prison sentences, meaning that your person is usually released at the halfway point of the sentence given. So, if they get three years they will serve 18 months in custody then 18 months on licence in the community. New legislation, if passed, will come into effect as of the 1st April 2021 stating that those sentenced for serious violent or sexual offences which carry a maximum penalty of life will now serve 2/3 of their sentence in custody and the final 1/3 on licence in the community. If it’s a short sentence, less than 12 months, then additional supervision in the community will be given for a minimum period of 12 months.

 

EDS (extended determinate sentence)People sentenced to an EDS are eligible to be considered for release by the parole board at the two thirds point of their sentence, but full term in prison may be served if they are not assessed as safe to be released earlier. Once the custodial term is over there is an extended period on licence, which is up to 8 years for sex offenders and up to 5 years for violent offenders.

 

Life sentence - very serious offences such as murder, rape, and armed robbery can carry a life sentence. The judge will set a minimum term to be served before an application can be made for a parole hearing. The convicted person can only be released by the parole board and, if released, they will remain on licence for the rest of their life.

 

Whole life sentence – for some exceptionally grave crimes no minimum term is set by the judge and they will never be considered for release.

Will my loved one be recalled to prison? 

Recalls happen when your loved one is released on licence and breaches the conditions of that licence in some way. They will be recalled to prison by their probation officer. 

 

Recall can be a really stressful time for everyone involved. Your loved one may be arrested and taken into custody from your known address, they can be recalled from the probation office, or, if they are actively searched for, it can come at any time from any place. It’s swift - they go immediately into custody and you may have to get bits organised for them, like packing a prison bag to get to the custody suite that they are being held at.

 

Things to remember that you may have to deal with:

 

  • telling children

  • telling friends and family members

  • telling their employer

  • managing finances 

 

You will then have to wait and see what type of recall it is and how long it will be. The different types of recall are explained below.

 

Fixed term recall - they are returned to custody for 14 / 28 days and then released.

 

  • 14 day recall if original sentence is under 12 months

  • 28 day recall if original sentence is over 12 months

 

There are exclusions, they are only for people serving a determinate sentence and are not available to:

 

  • IPP’s and people serving life sentences 

  • violent or sexual offenders

  • EDS sentence prisoners 

  • people previously recalled on same sentence

  • people recalled before automatic release date after early release on HDC (tag) or compassionate grounds

 

Standard recall – these are for people with violent or sexual offences, EDS, or those that are judged to be too risky for a fixed term. The case is sent to the parole board after 28 days and either a release or a set date release within a year will be given. Offender managers (probation) can review this at any time and recommend release to the Secretary of State. 

 

  • Full recall - when the remainder of the sentence must be served before being released.

  • Emergency recall - when your person’s risk of reoffending is seen to be too serious to warrant a release.

  • Indeterminate recall - when as a lifer or IPP there is no set time and your person has to be considered fit for release by a parole board panel.

  • Executive release - where your person is released on the papers ( documents sent to the parole board from different parties)  without a face to face review taking place. Executive release is only available to people with determinate sentences or EDS sentences. Lifers and IPPs are NOT ELIGIBLE for executive release.

 

Useful links 

Probation: Being taken back to prison - GOV.UK

 

Recall to prison: A basic guide - InBrief.co.uk

 

Recalled for alleged further offences – insidetime & insideinformation

Remember we are always here to help, do contact us if you have any queries or need support

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