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  • sassy_one
    sassy_one Posts: 2,688 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    If this goes to court, depending what the CPS (Crown Prosecution Service) decide to do your husband needs to plead guilty at the first opportunity to do so, but with Diminished responsibility following Mental Health problems.

    Gain advice from a registered Criminal Defence solicitor, and follow his advice but he 'did' commit the offence but had/has mental health issues, he therefore must admit the offence but with Diminished responsibility, the court will most likely seek a report before proceeding with any court hearings/sentencing.
  • sassy_one
    sassy_one Posts: 2,688 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Also, is this his first recordable offence?

    If so, the Police MAY issue a Formal Caution if the Crown Prosecution Service advise on such, however the charging decision on Fraud is solely down to the CPS, due to the seriousness of the crime.
  • sassy-one wrote: »
    Also, is this his first recordable offence?

    If so, the Police MAY issue a Formal Caution if the Crown Prosecution Service advise on such, however the charging decision on Fraud is solely down to the CPS, due to the seriousness of the crime.

    Yes this is his first offence and he still is having a few family problems with people not talking to him etc
  • hi everyone,

    just another update, DH is still on bail but things are not looking good as his solicitor has said that theres a good chance of prison due to the seriousness of the fraud.

    The reason i am posting is does anyone know how long the prison terms are etc for fraud,forgery,attempted fraud and deception (thats what he is currently on bail for)?

    Many Thanks
  • System
    System Posts: 178,371 Community Admin
    10,000 Posts Photogenic Name Dropper
    Having read the whole thread, although i don't condone fraud I have MH problems myself and know what kind of state of mind they can leave you in (i dissociate and do things without knowing i'm doing them), so i sympathise with your OH.

    sorry to hear things are bad, can't believe your mum isn't in any trouble here when its clear she committed fraud too?!
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • Having read the whole thread, although i don't condone fraud I have MH problems myself and know what kind of state of mind they can leave you in (i dissociate and do things without knowing i'm doing them), so i sympathise with your OH.

    sorry to hear things are bad, can't believe your mum isn't in any trouble here when its clear she committed fraud too?!

    as far as my mum is concerned, she has not been arrested as far as i know, DH does have a past history of mental health problems but he is aware that he will be in trouble etc, however he has decided not to mention to the police about his mental health as he is willing to serve the time as he committed the crime (so to speak).

    Thanks for the reply
  • Fang_3
    Fang_3 Posts: 7,602 Forumite
    hi everyone,

    just another update, DH is still on bail but things are not looking good as his solicitor has said that theres a good chance of prison due to the seriousness of the fraud.

    The reason i am posting is does anyone know how long the prison terms are etc for fraud,forgery,attempted fraud and deception (thats what he is currently on bail for)?

    Many Thanks

    Why hasn't your solicitor explained this to you? They would in the real world.
  • hi helpmeplease

    just read the whole thread and i think your OH has done the right thing although i do think he needs to inform the right people about his MH, if he does recieve a prison sentence it may be reduced due to this and also how will he cope in prison? if he is still not coping very well on the out side it will be worse on the inside and may tip him over the edge, im not trying to alarm you but it needs to be concidered for his own well being


    i can not believe youre mother will get away with this, but looking at it from another perspective she will have lost her daughter and grandchildren plus some othe family members, so whist you may lose your OH for a short while it sounds she will spend the rest of her days alone

    i do beleive in what goes around comes arround so i trust in the hope that your mother will get what she deserves

    good luck
  • Fang wrote: »
    Why hasn't your solicitor explained this to you? They would in the real world.

    The solicitor has told DH but DH does not want me to worry so he will not tell me
  • Fang_3
    Fang_3 Posts: 7,602 Forumite
    The solicitor has told DH but DH does not want me to worry so he will not tell me

    Sounds perfectly plausible.
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