help

[worriedsick]

hi. my son is on in court soon for carrying ornamental knives,that he bought, but got stopped by police and had them in bag, he didnt intend using them but is now in crown court, can you help with how things will go for him, im really worried, thank you

[bednobs]

what is he actually charged with? Is he going to plead guilty or not guilty?

[worriedsick]

he his charged with carrying them in public place, he is pleading guilty as he had them on him when police searched his bag

[New Judge]

The offence carries a maximum of four years imprisonment. Magistrates dealing with a defendant pleading guilty can send him to Crown Court for sentencing if they believe their powers (maximum 6 months) are insufficient.

Their sentencing guidelines suggest they should not consider sending the matter to the Crown Court unless, at the very least:

“Weapon not used to threaten or cause fear but offence committed in dangerous circumstances”

and more likely:

“Weapon used to threaten or cause fear and offence committed in dangerous circumstances”

Is there something you are not telling us?

[worriedsick]

no it is all the truth, he bought the knives as ornaments,and went in to another shop with a friend to buy groceries the staff thought they were shopliffting so asked to search bag and knives were in there, but they had reciept for food

[optics2b]

HI worriedsick

I have to agree with the previous poster as there simply has to be more to this case.

Of course it may be that your son is not telling you the full facts for whatever reason but do you have the 'Charge Sheet' from the police as that will summarise the particulars of the offence.

It may help is you disclose your son's age and whether he has previous convictions

[worriedsick]

i have seen the charge sheet and he is charged with carrying the knives,but when it first went to magistrates security guard said that he had threatened him but no witnesses and cameras, then when it went to crown he didnt turn up so that was dropped

[worriedsick]

no i agree with you it wouldnt have gone this far but security said he was threatened then dont turn up, so why not thats the question if he was threatened he would be there

[Jan1957]

I really think you should have a look at your friends and family and who they're hanging out with. This is only your third post in two years and it's all about crimes people have committed, jeez.

[worriedsick]

jan 1957,that what this site is for to ask questions,if your not interested why are you reading them then

[Jan1957]

I didn't say I wasn't interested, just that you maybe need to sort out who you and your family are hanging out with.

[worriedsick]

its not so easy when they grow up as must parents know

[NazNomad]

What has your solicitor said about it?

[worriedsick]

solicitor thinks it may go ok and he get probation or something else rather than prison, but you can never tell it up to judge isnt it, thanks

[New Judge]

Unless he has negotiated a “basis of plea”, when a defendant pleads guilty he accepts the prosecution’s version of events in full taken at its highest. No witnesses are called, no evidence is produced. There is no need. Evidence is only produced and witnesses called if the defendant pleads not guilty (when a trial to establish his guilt or innocence will be held) or if he disputes crucial elements of the prosecution’s case (when a “Newton Hearing” will be heard to establish the facts). Neither of these hearings will be heard immediately a plea is entered. This is to give both sides the chance to prepare their cases.

If the allegations of threats were made by the security guard and put into his statement, those allegations will form part of the prosecution’s case, and part of the information put before the magistrates when they make their decision on sentencing.

I cannot see any justification for the magistrates sending your son to court unless such aggravating features were present. See page 33 of the magistrates sentencing guidelines here:

http://www.sentencing...pdate_1__2__3_web.pdf

I don’t think there is much more I can usefully add.

[charmer73]

jan1957 made a good point, and was quickly told if you are not interested dont read the post something doesnt ring true here 3 post in 2 years similar topic yeah♥♥♥

[jackthehat]

^If you haven't got anything helpful to add, Tammo, don't post.............