Will my brother get a custodial sentence?

[brookes1971]

My brother was arrested (first time ever been in trouble) at 18 having driven two so called 'mates' to a house which they proceeded to burgle. He says that half way there they told him that they were going to do a house over but he did still drive them to the location stating he wanted nothing to do with the burglary.
As a result, he was arrested and the two involved in the actual burglary escaped in a stolen car from the house they burgled.
He recognises that he was stupid and told the police all about the evening and how he had got himself into this situation that he felt unable to get out of and told them all about the circumstances of the evening.
Both the offenders are in prison now for other offences and my brother is being charged in crown court - he has pleaded guilty to being there but as he has admitted to driving them there, he is being charged with the actual burglary itself.
Do you think he will get a custodial sentence or community service? My mum is so ill over this and he cant stop crying for being so stupid and allowing himself to be used like this - Will him having a clean record make any difference?

[Buenchico]

Burglary is an 'either way' offence, which means that the magistrates can deal with it or it can be referred up to the Crown court. If the magistrates have 'declined jurisdiction', and referred the case to the Crown court, it indicates that the magistrates believe that their sentencing powers may be insufficient. (i.e. the magistrates are of the opinion that a custodial sentence exceeding 6 months might be appropriate).

However, Crown court judges frequently disagree with magistrates, and impose non-custodial sentences on offenders who appear before them on an 'either way' charge. (Additionally, the judge will have access to a pre-sentencing report, which the magistrates won't have had at the time of their decision to decline jurisdiction).

Burglary is a serious offence and (when the burglary takes place on domestic premises) the maximum penalty is 14 years imprisonment plus an unlimited fine. So there can be no guarantee that your brother won't be 'sent down'. However, the courts always try to keep people out of prison whenever possible. Your brother's previous good conduct, together with his cooperation with the police, means that the most likely outcome will be a supervision order (= 'probation'), coupled with an order to carry out, say, 200 hours unpaid work.

Chris

[y-cymro]

I fully agree with the advice given above.

His previous good character and full co-operation should mean he doesn't get to sent to prison.

He was stupid to get involved, but it looks like he's made the right decisions since.

[brookes1971]

Thanks for that - its a bit of a shock to be honest. When he was arrested he was returned home to my mum and the policeman said he had been very cooperative and that he would just get a caution and that he had nothing to worry about - he then answers bail to be told that they would do him for aiding and abetting but that charge is no longer valid and so he was being charged with the actual burglary. When he returned from the courts with this information he contacted the policeman who had originally interviewed him who said he must not have heard correctly. He has not called back since and my brother has now received the paperwork saying he is being charged with burglary, dewlling and theft!

[zzxxee]

because its being delt with in crown and not magistrates court usually means more severe sentances it does not nessicarily mean custodial though.. i personally think your brother needs to get a really good brief and quick..... i personally think it will probably be a suspended custodial sentance get him to get as many good character references as possible good luck

[marshan11]

They wont lock him up for first time community service and a
fine.