Client Breached Suspended Sentence and Avoided Prison

Case study summary

Our client pleaded guilty to breaching his suspended prison sentence order as he failed to attend probation appointments. At the initial hearing, the judge was minded to send our client straight to prison. We persuaded them to give him another chance and this outcome was avoided.

Case study

Our client was accused of breaching his suspended sentence order. The probation service stated that he had failed to attend multiple probation appointments and unpaid work placements without a reasonable excuse.

Our client explained that he was unwell on the dates where he had not been able to attend his probation appointments and work placements. However, he had not been able to obtain a sick note from his doctor to provide to the probation services, as required. Our client also faced a period of homelessness when his benefits were stopped which meant that he did not have the funds to afford public transport to and from his appointments. He accepted the allegations.

We obtained evidence to support our client’s case and instructed an expert defence barrister to represent our client in court. In court, the judge was minded to consider an immediate activation of his suspended prison sentence due to the breaches and the fact that our client still had multiple hours of rehabilitation activity and unpaid work hours to complete. Despite this, our client’s barrister successfully persuaded the court to give him another chance to complete more of the required hours before he was sentenced. The judge agreed and the case was adjourned.

During the time between the two court hearings, our client completed all of the required hours and more. In court, the judge was so impressed with our client that he asked him what sentence he would like to receive. Our client confirmed that he would be happy to complete more hours of unpaid work as he felt as though he had benefited from this. This is what sentence the judge imposed.

Our client was extremely relieved with the result and this case is a clear example of how many of our clients come to us needing a second chance and that is what we help them to achieve.