If given a custodial sentence for a summary offence, what is the likelyhood of being bailed on appeal?
Does this happen?
If not, when the appeal is heard and its decided the original sentence was too severe and you have already served your sentence what happens then?
I'm referring to a case where a guilty plea has been submitted and the appeal is in relation to the sentence.
Cheers
2007-02-28 04:01:36 · 4 answers · asked by Flymo50 1 in Politics & Government ➔ Law Enforcement & Police
The crime is common assault (39) and assault police 89(1).
Held girlfriends arm in argument (albeit tightly) because she's going bonkers - I throw her out of the house - she phones police. Police come in heavy handed I guess thinking she was a beattered wife or something, and drag and handcuff me (which caused a lot of pain) in front of my 2 daughters who were petrified (5 and 3 years old) Red mist came down and I regrettably nutted one of the coppers - he has a thick lip.
2007-02-28 04:14:52 · update #1
No previous convictions by the way!
2007-02-28 04:16:34 · update #2
The maximum sentence for a summary offence is six months. Section 181 of the Criminal Justice Act 2003 provides that the sentencing judge must also specify a date for the defendants release on licence (between 2-13 weeks). In the unlikely event that you do receive a custodial sentence you will be released on licence fairly quickly.
The most likely result in a case such as yours in a fine and a community punishment order. At worst you can expected a suspended sentence of between six months and two years and a community punishment order. Anything more (unless you have a history of violence) would be disproportionate and can be appealed within a matter of hours, in some cases.
2007-02-28 07:54:37 · answer #1 · answered by stephen.oneill 4 · 0⤊ 0⤋
If you're given a custodial sentence, you're given a custodial sentence. You'll be inside, pending the outcome of your appeal. If your appeal is successful, you'll be released immediately.
2007-02-28 05:09:26 · answer #2 · answered by champer 7 · 1⤊ 0⤋
It is possible, using this form: http://www.dca.gov.uk/criminal/procrules_fin/contents/formssection/pdf/f79page1-2.pdf
It is only done in exceptional circumstances.
Many people unfortunately have served part of their sentences pending successful appeal, just as many people have been in custody pending acquittal.
2007-02-28 04:25:45 · answer #3 · answered by Doethineb 7 · 0⤊ 2⤋
if it looks likely you will get off on the appeal then yes maybe but generaly no
2007-02-28 04:07:24 · answer #4 · answered by zerocool 3 · 0⤊ 1⤋