guilty verdict

[gilly100788]

If someone pleads not guilty but is found guilty do they get a longer sentence if they are sent to prison,and do they get any time off ie for good behavour or do they have to do the whole sentence.thanx

[New Judge]

As far as I am aware all prisoners serving determinate sentences, regardless of length, are automatically released after serving half. What happens when they are released differs between those sentenced to less than 12 months and those sentenced to 12 months or more.

Those sentenced to short sentences are simply released, not on licence. If they reoffend during the second half of their sentence period they may be required to serve some or all of the remainder. Those sentenced to 12 months or more are released at the halfway stage and are “on licence” for the remainder. The licence has conditions (e.g. don’t go to certain locations, don’t associate with certain people). If they reoffend or break the terms of their licence they may be required to serve some or all of the remainder.

Those sentenced to indeterminate sentences or to life have a minimum tariff set by the judge. They will not be released until that period has elapsed and may serve longer. Their release or further detention is determined by the Parole Board.

[sara3]

I know of someone who was sentenced to 4 yrs (reduced from 6 for his guilty plea), he was released after 2 years, but can not have his passport back for another 2 years and has to see a probation officer regularly.

[New Judge]

Yes, sara. That would be the conditions of his licence.

[gilly100788]

Thanks so much for explaining this, if your barrister thought you were doing the wrong thing in pleading not guilty would he or her tell you ?

[churchill123]

You usually get one third reduction if you plead at the earliest opportunity, althogh its debateble whether this actually happens. Its a bit like car insurance, you get told you have 60% discount and when they do the insurance with the discount and you do it woithout the 60% is not what its meant to be...they work it out differently. I know you can ask for a pre trial assesment, where u can ask the judge what the sentence would likely to be if found guilty on trial and what it would be roughly if trial was not to go ahead, i forget what this hearing is called, but i know u can ask for it. The trial judge has read all the papers beforehand and he knows exactly what he will give if the verdict is a guilty one. Regardless of pre sentence reports etc...they are just formalities to please the home office and stat ppl.

[gilly100788]

Thank you for your answers, it he was found guilty after pleading not guilty would the sentence be the same as if he had pleaded guilty, i know about the reduction for an early plea of guilty but i just wondered if they can upt your sentence if they find you guilty, and can you get suspended or wld it def be jail,thank you.hope you all had nice christmas.