Man breaches suspended sentence order - Avoids Prison

Non-custodial sentence - no prison

Date posted: 16 Jun 2022

Salford

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Crown Court

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Case start date

01 Jun 2022

Significance

Minor

Case study summary

Our client was convicted of serious sexual offences in December 2021. He was given a suspended sentence and a Sexual Harm Prevention Order but was later found to be in breach of this order. We put forward evidence regarding his mental health to make sure he did not go to prison.

Case study

After receiving a suspended sentence for earlier offences, our client was given a Sexual Harm Prevention Order. This order stopped him from accessing any device without risk management software being installed.

Due to his mental vulnerabilities, he was unable to understand the order without it being explained to him in very simple terms. He went on to use his mobile phone device without risk management software being installed on it. Given that our client was then in breach of his order, he faced a prison sentence.

Our lawyers were able to take extensive instructions from him, outlining his mental vulnerabilities and his genuine misunderstanding of the order that was imposed upon him. Our hand-selected barrister was able to put this information across during the court hearing and the prosecution were forced to accept that this was only a minor breach.

The court agreed with our submissions and imposed a small fine instead. Our proactive approach ensured that our client avoided prison and was able to continue living his life.


Profile image of Mary Monson Solicitors criminal lawyer Liam Kotrie

Liam Kotrie

Director

Liam defends in serious criminal and financial cases throughout the UK. He is an exceptional advocate who is absolutely devoted to his client being treated fairly throughout the proceedings. He is a mentor to our younger lawyers, and trains them.

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