PHer sent to prison
Discussion
agtlaw said:
This is England. Your sentence calculation is wrong. It's also obvious from the dates. Sentence in May. Release on HDC in September (I.e. 4 months, not 6 before half way.)
I know it's in England, I appreciate there are some differences in the justice system but I'm not wrong with my sentence calculation, I didn't make a sentence calculation. HDC isn't automatic, the paperwork, social work checks, police reports etc all take time, it's a fluid time scale, that's why I said up to 6 months could be served on HDC. I may not be a top motoring lawyer but I know what I'm talking about, why are you so desperate to be right? Ah, this is an SP&L thread...
Papa Hotel said:
I know it's in England, I appreciate there are some differences in the justice system but I'm not wrong with my sentence calculation, I didn't make a sentence calculation. HDC isn't automatic, the paperwork, social work checks, police reports etc all take time, it's a fluid time scale, that's why I said up to 6 months could be served on HDC.
I may not be a top motoring lawyer but I know what I'm talking about, why are you so desperate to be right? Ah, this is an SP&L thread...
Not in England. No-one here cares about your theoretical foreign sentence. Keith got out at the earliest opportunity - 4 months in. I.e. the one-quarter point of his sentence. Go look it up if its an issue for you. I may not be a top motoring lawyer but I know what I'm talking about, why are you so desperate to be right? Ah, this is an SP&L thread...
agtlaw said:
Not in England. No-one here cares about your theoretical foreign sentence. Keith got out at the earliest opportunity - 4 months in. I.e. the one-quarter point of his sentence. Go look it up if its an issue for you.
I simplified it for the ideal situation from a prisoner's point of view. Shoot me. 
Tell you what, you win, go stick another tally mark on your board.
Papa Hotel said:
I know it's in England, I appreciate there are some differences in the justice system but I'm not wrong with my sentence calculation, I didn't make a sentence calculation. HDC isn't automatic, the paperwork, social work checks, police reports etc all take time, it's a fluid time scale, that's why I said up to 6 months could be served on HDC.
I may not be a top motoring lawyer but I know what I'm talking about, why are you so desperate to be right? Ah, this is an SP&L thread...
I'm not sure if it's changed, but I would imagine release on HDC in this instance is governed by the Criminal Justice Act 2003 and is in England. Last time I looked, the maximum HDC period was 135 days, rather than 6 months. You would need to serve at least a quarter of your sentence in prison, so someone serving 16 months would be unlikely to achieve the 135 days.I may not be a top motoring lawyer but I know what I'm talking about, why are you so desperate to be right? Ah, this is an SP&L thread...
The required checks (probation etc.) are all done prior to release on HDC, for obvious reasons, so the time taken to do this is not added to the time on HDC licence.
The process actually is automatic for prisoners serving between 3 and 12 months, as there is a presumed eligibility, unless the sentence is for certain offences. Curiously, if the Perp in this thread had been given a 12 month or lesser sentence, his offence of Harassment would have made him unsuitable for HDC unless exceptional circumstances apply (see PSI 39/2002). It is only by virtue of his sentence being more than 12 months that he escapes the confines of the presumptive HDC scheme and its offence restrictions.
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