If an offender has a 12month Conditional Discharge, what does that person have to do to breach it or get arrested?

Sonak | 18:32 Wed 16th Jan 2008 | Criminal

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Any help or info will be appreciated, many thanks

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any criminal offence.

-- answer removed --

SRH

When it's conditional there are usually conditions applied, which will have been told to the offender in court when the sentence was passed. Check with your solicitor for what the magistrate/judge said and the conditions they applied.

Sonak

Question Author

Thanks for all your replys.

The offender and I have had eye contact & the offender appeared to be provocative, arrogant & then maked a remark about me looking at the offender!
Can that be classed as an offence i.e. harassment or not?

SRH

If you are the victim of the crime they were convicted of then yes - and you shouldtell the police to get it on record in case there are further incidents. If you're unconnected to the case, it's just an idiot being a jerk, but no crime has been committed (unless they were extremely intimidating).

Sonak

Question Author

It was my husband who was the victim of verbal racial harassment but I was the one who had the encounter with the offender. I reported it to the ploice and it was logged.

New Judge

When a conditional discharge is imposed the defendant suffers no penalty unless he commits a further offence within the period of the discharge. There are no other conditions available.

As has been said, if a further offence is committed then when being sentenced for the new offence the magistrates can sentence the offender for the old offence as well. (Conditional discharges are not often imposed in the Crown Court. If one is and it is breached, the defendant has to return to the Crown Court for the breach to be dealt with, even if the new offence is dealt with by magistrates).

If you believe an offence has been committed you have done the right thing by contacting the police.

SRH

Hey Sonak. You've done the right thing. Hope all is well...

YASSA786

MY GIRLFRIEND GOT A 12MONTH CONDITIONAL DISCHARGE AND ONLY HAD 2MONTHS LEFT BUT WENT AND DID ANOTHER CRIME NOW SHE HAD TO GO CROWN FOR THE DISCHARGE WILL SHE HAVE TO GO TO PRISON FOR IT

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