Working Abroad On Suspended Sentence

[johnsmith11111]

I have been charged with GBH section 18, and will be sentenced at the end of this month. My barrister has told me a suspended sentence will be likely. Me and my friend have launched a travel company which will require me to work in Greece all summer (4 months). Do you think I will be able travel under these circumstances, as this company will potentially be my future career and being unable to do this will be detrimental. Thank you!

[Jackdaw33]

I don't want to dash your hopes but the starting point for s. 18 is three years immediate custody unless there are very special reasons to decide otherwise. I'm afraid you may well be unlucky.

[Bobbisox1]

And another country may not want you there with a record, not sure about Europe but definitely not the States ( even if you could go )

[DTCwordfan]

moral turpitude, the States call it....get your lawyer to advise you before accepting a suspended sentence.

[TonyV]

Surprised you still have your passport and it's not been confiscated until your court appearance.

[Jackdaw33]

I was unaware that the defendant had any choice in deciding whether to accept a sentence or not.

[TonyV]

Maybe just a wind up? Unless you want to explain further John?

[Buenchico]

Let's start by examining your barrister's optimism:

The sentencing range for GBH is 3 to 16 years' custody but those sentences can be cut by up to one third for an early guilty plea. So that means that the effective sentencing range (where a defendant pleads guilty) is actually from 2 years up to 10 years 8 months imprisonment.

The maximum sentence which can be suspended is one of two years' custody. So your barrister is hoping that the court will pass the ABSOLUTE MINIMUM sentence AND that the court will then see fit to suspend it. If the court decides that just a very slightly longer sentence (of, say, 25 months in prison) is appropriate, such a sentence CAN'T be suspended.

So there's a great deal of optimism required if you're hoping for a suspended sentence; it would still be best to pack a bag when you go to court.

However if you do receive a suspended sentence, and it's the ONLY sentence that you receive, then there will be nothing to prevent you working in Greece other than, possibly, the prospect of you being refused a work visa by the Greek authorities. (As the UK is no longer in the EU, you have no automatic right to work in Greece. You'll need to go through the visa application process).

However suspended sentences are often accompanied by supervision requirements, requiring offenders to attend regular appointments with the probation service. If such a supervision requirement (and/or a requirement to undertake unpaid work) is imposed, you won't be allowed to leave the UK for a 4-month period.

[johnsmith11111]

Hi sorry everyone I made a mistake there, it was for GBH section 20. I pleaded not guilty as advised as we thought this would go down the route of self defence, however there was not enough evidence to prove this. I have very strong mitigating factors, which my barrister hasn't been made aware of, but still believes a suspended sentence is more than likely. I am waiting on a call from a probation officer for a pre sentence report, and will most likely have to continue with a probation officer if the sentence is suspended. Just to recap, as I have launched a travel company with my friend, which will require me to work in Greece all summer (around 4 months), how likely would it be for me to travel under these circumstances? Thank you for all your answers!

[Jackdaw33]

s.20 is a different ball game inasmuch as a custodial sentence is not inevitable. However all that has been said above re travelling abroad will still apply.

[Buenchico]

The main part of my answer still applies. If there's a supervision requirement, you won't be able to travel abroad for four months. (Probation appointments can be moved slightly to allow for offenders to attend work interviews, for example, but they can't be put aside for four months).

If there's no supervision requirement (or, say, an unpaid work requirement), then the only bar to you working in Greece might be the problem of getting a work visa.

[johnsmith11111]

If such a supervision requirement is imposed, is there any way I would be able to travel within the 4-month travel ban? I will be sentenced on the 26th March and we plan to launch mid June, and without my attendance will be very detrimental to our company. Thanks!

[Buenchico]

As long as you turn up for your probation appointments, you'll be free to travel abroad in between them. Probation appointments are typically just one week apart at the start of the supervision period but might get spaced out to fortnightly, or possibly even monthly, later on.

[johnsmith11111]

Hi I've spoken to a probation officer for a pre sentence report/character reference, and have been told if I was to receive a suspended sentence that a tag/curfew may be imposed for a 6 month period. Could the 6 months be halved/reduced for good behaviour? Thank you

[Buenchico]

I've just been reading through the Sentencing Council guidelines, and elsewhere, and I've found nothing to contradict the answer which first came into my mind (from reading up on countless court cases) when I read your new question, which is a great big "No".