Anyone ever had their community service passed back to court?

peachyprice

Basically I was a single parent claiming benefits, but was prosecuted for fraud as they said my ex was a partner.

Why can't your ex have his children every weekend until your sentence is finished?

Seems only fair as the whole saga started because he took out debts in your name which led to BR, and presumably wasn't there to back up your story in court.

Wilma33

Finding childcare for when you are in prison would be much harder than finding it for 100 hours!

Janepig

Kay_Peel wrote: »

Try to understand this. At the trial, the judge will have considered the appropriate sentence including those that you've outlined above. This judge decided that prison was the right sentence, but that it should be served in the community. That's what a Community Order is. When you breach that order then the judge isn't going to lower the tarriff, he or she raises it, to prison.

The OP knows this. That's why she's asking for advice. Your interjections (which I can sympathise with because they are well-meant) aren't answering the OP's questions.

By the way, judges send 'breachers' to prison in the blink of an eye.

Not entirely correct. I would doubt she would have been before a judge (assuming the story is correct) as unless it was a mega amount of benefit fraud (£20,000 plus) then it would have been dealt with my Magistrates (or possibly a District Judge - Stipe).

A Community Order isn't a prison sentence served in the community, or strictly a direct alternative to custody. It is what it is, a community sentence. You could breach it five times (and yes, I have breached people for a fifth time) and not go to prison. You could get more hours added, a curfew, exclusion order, etc, etc.....

A suspended sentence is more like the direct alternative to custody, and if you are breached, as the law currently stands, you have to be sent to prison to serve the term that was suspended, unless it is unjust to do so. And again, I've dealt with plenty of people who have breached SSO's two, even three times and been given another chance so it's far from automatic that you'd go to prison for breaching an SSO.

Difficult to say what the OP should do as a: I'm not sure what to believe, and b: it varies from area to area. Where I work, we used to provide paid childcare if needed (hardly ever) so someone wasn't disadvantaged and given a harsher sentence if they were unable to do their unpaid work because of their children. Failing that, we have charity shop placements where people can work shorter days, so they could work (say) two mornings, rather than one full day.

With regard to the illness, quite simply, if the offender can provide written evidence from their doctor that they are unfit for any form of unpaid work, even light duties, then the Offender Manager would usually take the order back to Court in the interests of justice and get it replaced with a hefty fine or such like. It's unheard of afaik for a Community Order to be returned under these terms to be replaced with custody, but then people do tend to get mixed up with something going back in the interests of justice or a breach.

My rule of thumb tends to be that if someone is on JSA or Income support then they're fit for work, but if they're on any form of incapacity benefit then we have "fit to work" letters that we get their doctor to complete to say whether they can do light duties or whether all work is out of the question, before suggesting unpaid work to the Court.

Jx

donnap83

I don't think this person is telling the whole truth. Either that or i'm missing summat?! Previously posted that they'de been given 100 hrs and done it, but they now have 180 hrs and can't do it?! Eh?

Convicted of benefit fraud, but it's not her fault?!

I don't agree with some of what dirty monkey has said, however, i do think the OP appears to be looking for the sympathy vote.

AnnaLicious_2

If you're on such a tight budget, your husband won't need his full annual leave entitlement for a family holiday away. Ask him to take 2 weeks off, then take every single placement you can every single day.

GlasweJen

Not really much to add to this except a babysitter would be s lot cheaper than a child minder or nursery. Do you know any sensible 16 year olds with siblings who want a bit of spare cash?

Given that you've got a fraud conviction you're unlikely to be given a fine so jail is an option on the table, you need to do anything to stop that happening.

Caroline73_2

Welcome to the world of working parents.

newcook

Im a bit dubious about it all as well to be honest, and a little confused!!

Why cant ex look after the kids?
Was it 100 hours or 180 hours?
Have you done these hours or not?
Is it the same offence or 2 separate?
If you are that out of it on painkillers aren’t SS concerned about how you manage to look after your children?

puddy

I agree that punishment is meant to be unpleasant, hard and inconvenient so you are going to have to make arrangements.

The options are, children in nursery for a couple of weeks whilst you get the hours done, or

husband will just have to take some time off (what would he do if you were sent to prison, he would have to do this whilst you served your sentence)

find a baby sitter

you have to work through the pain for the time being, obviously if you are seriously incapacitated then you will be sent home. However, as you say a report was compiled which will have had medical information in them and any relevant reports from health professionals if they felt that these were necesssary. Based on that information, a decision was made that you are able to complete the type of community service given to you

I am always one to give benefit of the doubt but it sounds to me like you are finding every excuse to get out of doing your time. It will back fire spectacularly if you continue to refuse to engage. For your children's sake just get on with it and learn from your mistake