Home Detention Curfew

[10 Pence Short]

Maybe a little obscure...

I'm trying to find out when in an 18 month prison sentence a home detention curfew becomes possible.

I seem to be getting conflicting reports between 60 days before 50% automatic parole and 4.5 months! Quite a difference.

Does anyone know where I can find a definitive answer?

[10 Pence Short]

As you'd expect, I've spent this morning trawling websites!! The government websites are like an aladdins cave!

[10 Pence Short]

I won't go into details about it, but will say that I lost control of my car, and a biker coming around a blind bend in the opposite direction had no choice but to collide with my car, causing him catastrophic injuries, the worst being a right arm that'll most likely never work again. Sentencing is on the 20th April, I've pleaded guilty and have no problems with people on this forum or anywhere else knowing who I am.

I was totally in the wrong that day, and I deserve to be punished for it. I can't change what happened or the results, I so much wish I could. The lives of the biker and his family will never be the same again, and I can't ever repay the debt I owe them.

Please don't ask me to enter into a conversation over the details of the case, the court process is still very much active and I don't think this forum would be a suitable place for any of those involved to have a slanging match about it.

Edited by 10 Pence Short on Monday 19th March 16:19

[10 Pence Short]

Just to add, the reason I started this thread was to help me organise the next few months of my life, whilst my other half is going to have to support herself on her own, to try and make sure she has some financial security whilst I may be away.

My problems pale into insignificance when I look at how the bikers life has changed, but I have to try and do the best for those who are close to me, as I think anyone would.

[10 Pence Short]

Sadly, pleading guilty provides you with no opportunity to question or disagree with the evidence provided by the CPS Barristor. Despite the fact that I was guilty of ruining someone elses life, this meant that the words used by that barristor, however factually wrong, are not able to be challenged.

I will never try to diminish my culpability for what happened, to put it bluntly, I entered a corner too quickly, my car skidded and the result was that an innocent member of the public had their life changed for the worse, for ever. That is for me to live with.

Plenty has been said in this thread, most of it fairly. Suffice to say that I am a 'typical' law abiding person, I have had nothing but a couple of speeding tickets to my name before this accident and beyond now I'm more than likely never to break the law again.

Looking from the victim's point of view, my sentence probably seemed lenient, looking from people who know me point's of view, it probably seemed harsh. You can't please all the people all of the time. For what it's worth, prison is a drug riddled hole with no deterrent whatsoever to actual criminals.

I could write an awful lot about the process that followed my accident, some of which may be surprising, some of which may not. Suffice to say that my faith in the Police as a trustworthy body has been diminished. Having said that, I am not complaining about the actions of the Judge, considering the information he was acting upon.

My advice to any enthusiastic driver would be: always consider your previous 5 minutes of driving, as however innocent you feel it was, it might come back to haunt you.

[10 Pence Short]

IaHa said:

If someone drives a 'spirited' drive on a public road (ie uses the public road as a track) and it goes badly wrong, then they have no option but to accept the consequences if the offensive driving can be proved.

I also believe that things going badly wrong as a result of a spirited drive would have to be considered to be 'dangerous driving'.

If we get it wrong, and we are likely to be considered for section 2 or 1 RTA then most of us would use almost every means at our disposal to try to mitigate the potential personal consequences of our actions. It's human nature, and in this respect Dan was no different to the rest of us.

However with the quantity and quality of evidence stacked up, he did the right thing for himself and his dependents and the permanently and seriously disabled victim by accepting responsibility for his actions at court.

Except, if you are who I think you are, you were described by witness evidence as being one of the drivers overtaking dangerously. After you went back on your word to help with providing evidence, I did tell you that you might be subpoenad as the driver of an identical Honda Integra (which in legal opinion was confusing witness evidence), but I chose not to as I felt I was wholly responsible for the accident.

[10 Pence Short]

Hello again. My apologies to the person I quoted, very likely mistaken identity.

I wasn't 'stitched up' by anyone, I was fully responsible for the collision and, no matter what, a family will be living with the results of my driving at that moment for the rest of their lives. Please don't think for one second that I am trying to diminish my responsibility.

There are a number of elements regarding the Police investigation and the actions of the CPS (in particular relating to some key timing issues and evidence as described in court) that have left a sour taste in my mouth. This is not the time or place to go into detail about those elements, however. I'm not saying I'm not guilty or that I didn't deserve punishing- I was and I did.

A Newton Hearing has been mentioned. My legal advice was that some Judges have very little patience with Newton hearings, and that in my Barrister's experience, it would not necessarily make a great deal of difference to the sentencing.

I'm not asking for or expecting anybody's sympathy, I'm not deserving of it.

As for prison, it's certainly a good place to keep people who are a danger to the public. However, for the vast majority of inmates (who are short term prisoners), there is little or no effort to rehabilitate them, they have no remorse whatsoever for their crimes and will certainly spend most of their lives in the court system and prisons. Drugs are there for anybody who wants them and an unbelievable amount of resources go solely into issues surrounding drug abuse. It's a common saying that many addicts only became addicts during a short spell in prison.

I just hope anybody who enjoysan enthusiastic drive or ride sees what I did and the results as an example of how things can go very wrong very quickly. You might think you're in control, you're a good driver and you've done it a thousand times before, that's just how I felt. Climbing out of a wrecked car and willing the unconcious body on the road in front of you to keep breathing is not the best way to learn a lesson.

[10 Pence Short]

Like many things in life, my situation wasn't black and white.

It's natural to want to defend yourself, yet you know you've done wrong. Where you draw the line between the law and your conscience can be blurry, the decisions I had to make were the hardest of my life. On one hand the right thing to do, I was guilty of harming someone innocent, on the other, protecting my life and more importantly, the lives of those who depend on me to be around. It's easy to be an armchair critic, it's not easy when you're the one faced with reality.

I put myself in the situation of the person I hurt, and I wasn't punished enough. I put myself in my position and I'm punished too much. Neither side wins. I don't know which is morally right and which is wrong, but I do know I'll never, ever again put anybody in the position where they could die by my actions.

[10 Pence Short]

iaha, thank you for your thoughts. I can't imagine how difficult your day to day job is. I've only seen the results of one accident, to live with the results of daily occurences must take some strength.

During my time in prison, I've drafted a couple of letters to the head of the grammar school I attended in Appleby, explaining my situation and what I'd like to do in terms of using my experience to good effect. As of yet I haven't made contact, and if there is an 'official' way of doing so, I'd appreciate some input. As a relatively young person I think I'd be able to really hammer things home.

[10 Pence Short]

Just as an idea for people, into how an enthusiastic drive can go so wrong, it's worth pointing out how things can be portrayed.

Newspaper report said:

Driver is jailed after crash ‘wrecks life’ of the victim.

A car driver has been sent to prison for a year for seriously injuring an oncoming motorcyclist in a crash while using one of Cumbria’s most notorious roads as his “own personal racetrack.”

Daniel David Olley, 28, of Boroughgate, Appleby was also banned from driving for three years after he pleaded guilty at Carlisle Crown Court to a charge of driving dangerously on the Hartside pass.

Judge Paul Batty QC told him he had “wrecked” the life of former oil rig engineer Brian Sadler, 41, who is never likely to work again because of the terrible injuries he suffered.

Prosecutor Linda Vance told the court Olley had used an internet website to arrange a meeting of fellow drivers of high powered Honda Civic cars, describing the A686 as “a good little road for cars like our type” and boasting he used it “like my own race track.”

The 'like my own race track' was a stupid comment about how I was familiar with Cumbria's roads. It didn't mean I drove them like a race track, but in light of events, you can deduce your own opinion. It was not said by me about that specific road. In light of what I did, it doesn't paint a pretty picture of my attitude. Secondly, the CPS have claimed here that I arranged a meeting. I didn't arrange a meeting at all, the police never claimed that I did either, I joined in (at the last minute) with a meeting already arranged by a Renault Clio owners club, attended by a small number of Honda owners.

Newspaper report said:

At lunchtime on Sunday, April 30, last year, he and his friends were seen driving at high speed in a convoy up the hill, she said.

Olley passed two cars – causing the driver of one of them to tell police later that he had been going “like a bat out of hell” – and then tried to overtake another on a blind bend before losing control and hitting Mr Sadler’s bike coming the other way, she said.

In the 2.5 miles before the accident, I overtook 4 cars. One car, a Mondeo driven by an elderly man with his wife as passenger, was the last car I overtook before I lost control. Despite being entirely wrong, this man and wife maintained that I overtook them around a blind right hand bend and that they saw me lose control and crash. I actually overtook them on the exit of a left hand bend about 1/4 mile before the accident, along a straight, into another left hand bend. I pointed this out precisely, first time, during a Police interview in September 2006, whilst reviewing a video of the road produced by the Police. Despite this, 10 months after my accident in February 2007, the Police took the very same video to the elderly couple's house and asked them to point out where the overtake happened (why they waited until February 2007 is a question for them). With a great deal of 'surprise' they both pointed out a place around a blind right hand bend.

Newspaper report said:

Mr Sadler suffered severe injuries to his head and arm and for a while doctors thought he might die.

He has permanently lost the use of his right arm and has needed several operations for other injuries to his head and legs.
He is still in constant pain and is never likely to work again, Ms Vance said.

In mitigation barrister Malcolm Dutchman Smith said Olley now admitted that his attitude to driving had been “arrogant and inappropriate.”
But he said “the one positive thing that comes out of this sad case is that that arrogance is now at an end.”

Judge Batty said it was clear that Olley had been “showing off” to the other Civic drivers.
“You were using this road as your own personal racetrack, and it had appalling consequences for your victim, whose life has been wrecked by your selfish behaviour.”

I am disgusted in myself for the result of my arrogance on that road on that day. I am also disgusted in the false way that the facts of my case were portrayed by the CPS and were subsequently reported by the press, especially in light of the fact that I had pleaded guilty and there was already a conviction. There was no need to falsify anything. As I pleaded guilty, I had no right to reply and I feel the CPS used this to show a free reign and run loose with the facts. It's a horrible feeling having to face your friends who think you were economical with the truth when in fact your weren't.

Anyone who sees themselves as an enthusiastic driver should always take stock of the awful potential a serious accident has.

Edited by 10 Pence Short on Saturday 28th July 22:06

[10 Pence Short]

burwoodman said:

I guess it depends if Dan was a known offending scrote. I dont know enough about the facts but I do believe ones past behaviour/record allows you scope to a point.

If I may ask what exactly were the injuries sustained by this chap.

At the very least; serious impact injuries to his head, a smashed radius and collarbone, chipped bones in his neck and ankles, double vision and a brachial plexus injury removing the use of his right arm. After almost dying on the crown of the road, Brian Sadler spent a number of days in intensive care followed by what is likely to be years and years of hospital treatments to try and correct (where possible) the injuries he sustained. Despite this, he's unlikely to recover the use of the arm.

I have a copy of Mr. Sadler's Victim Impact Statement describing his life following the accident and it is sobering reading. If I had his permission, I would type it onto here for people to read.

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Bing o said:

Dan, out of interest, are you out of prison now, or do you get internet access inside?

You're not allowed internet access in Prison, unless it's pre-approved for specific purposes. As you can imagine, it would be a minefield trying to police access amongst criminals.

With regards to my situation, I was sentenced on April 20th 2007 to 12 months imprisonment. Under the current guidelines, most prisoners with short term sentences (under 4 years) are released automatically at the half way point of their sentence. If your sentence is between 12 months and 4 years, you then spend the remainder of your sentence on licence, under Probation supervision.

In addition, and the original point of this thread, is a scheme called Home Detention Curfew. Prisoners serving under 4 years can be released up to 4.5 months before the half way point (though I'm lead to believe this will be increased to 6 months very soon). To qualify for HDC your offence must not be excluded from the scheme (violent and sexual offences are excluded, as are those where a death is involved, such as Death by Dangerous Driving). You must also have no history of breaching trust in the past, such as failure to appear at court, driving whilst disqualified etc, and be deemed little or no risk to the public. As far as I'm aware, you must serve at lease one quarter of your sentence before you can be released on HDC.

I was released last Monday on HDC after serving a quarter of my sentence. From now until the halfway point of my sentence in October I am electronically tagged and must remain at my approved home address between set hours. For the next 16 weeks I must report to the Probation office once a week, after which there'll be a review and it's likely to change to once a month until my sentence expires in April 2008.

I appreciate that my being released so early may leave a bad taste in some people's mouths. All I can say is that the scheme exists, I fit the criteria and it would take a stronger man than I to refuse freedom if it was offered.

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RaksP said:

10 pence - thanks for sharing your story. how about your job? i take it you lost the one you had? are you aloowed to work on home detention? how have the authorities helped in finding you work now?

Luckily I've got a very understanding employer so I've been able to return to work. There are agencies who operate within prisons (such as SOVA) who work with offenders to get them into employment when they're released. Sadly, an awful lot of people in prison either don't think they can get a job or don't want one. You get paid as much to work in a prison laundry as you do to get education (about £10 a week) in most prisons, so there isn't a huge incentive to improve your prospects, either.