Suggested 80 - 150Hrs Unpaid work?

Question

I was charged and pleaded guilty to Common Assault (39) and Assaulting a police officer in the execution of his duty (89(1)). Today I met Probation in order for them to write a Pre sentence report.
After giving all the details she told me she would put forward a suggestion of 80 - 150 Hours unpaid work.

Knowing this how likely would a custodial sentence now be?

The Section (39) was from grabbing someones arm (Albeit tightly) and the (89) was headbutting a policeman (Crazy I know but he was being overly physical with me in front of my children).

I have never been in trouble before and have no previous convictions.

I'm 30 years old am of good character, a graduate and in a professional occupation.

Any answers will be appreciated!

Cheers.

Also do Magistrates tend to follow probation's suggestion?

Ta.

Answer 1

I would say very unlikely. Someone I know has recently been charged with kicking a policewoman.

Because she had an unblemished record (age 40), works as a professional and this was totally out of character she had 18 months conditional discharge.

the crisis of overcrowded prisons is in your favour at the moment.

Good luck

Answer 2

I'm not legally trained, but I am studying Law, and I do work within the English Courts, though not in a legal capacity. I'd say that you are being looked at as 'serious enough' - an offence that is serious enough for a custodial sentence or a severe community penalty. 150 hrs of unpaid work, coupled with a possible fine, and the acquistion of a Criminal Record, is a pretty hard sentence for one of previous good character, but there are few mitigating factors on s89. s39 appears to be also somewhat dodgy - in a worse-case scenario, you could get six months custodial for either or both.

What does your Legal Representative say - Solicitor or Barrister?
If you haven't got one, then get this aspect in line PDQ.

You have not given sufficient details of your offences to enable me to give any form of considered opinion, but I can say definitely that 80-150 hours of community service is a heavy penalty for someone of previously good character, so all I can do is read between the lines and say that I feel that your actions have been extremely serious. Consequently, I would not rule out a custodial sentence - the prisons are not as full as the media suggest. For someone of previous good character, 2 weeks in a prison will be an eye-opener.

I do feel that you have seriously fouled your yardarm, and that you should review your legal representation (solicitor) if you have not already done so. What is your plea?

If you don't get a custodial sentence, then stand in the dock and give a big thank you to the Magistrates.

Honestly, don't depend on this site. Get your wallet out, and secure the best representation that you can.

Answer 3

One poster above gave the best answer. Get your wallet out and pay for the best representation you can afford.

No one on this forum can really give much of an answer to this because we dont know the details. i.e. why did you grab someones arm? how badly injured was the cop you headbutted?

Did you grab someones arm tightly, leading to a complaint to the Police, then this led to a headbutt when a cop tried to arrest you?

Only you know the circumstances involved. Pay for good representation.

Answer 4

In light of the current overcrowded prisons issue, I would say you're more than likely (given your history) to escape a custodial sentence.

However, showing that you are fully prepared to take responsibility for your actions and recognise they were wrong should also work in your favour.

There are so many daily pressures in today's society that it can just take something minor for a perfectly sane, reasonable and normally calm person to blow. There should never be any excuse for violence and failure to show appropriate ruefulness may count against you.

Good luck - I hope it all works out for the best.

Answer 5

I think your previous good character plus your current stable situation will hopefully stand you in good stead. Fortunately you didn't get a section 47 (ABH) for the headbutt, or an affay charge, or it might have been committed to crown.

Your best bet is to show remorse for what you did and get your solicitor to convey any mitigating circumstances to the magistrates.

A good bench will see that you are of far more use to society out here than in prison.

One good thing that could come out of all this is to take your punishment seriously and show your kids the error of your ways.

Anyway, good luck, and don't do it again!!