In court over breach of bail conditions - being tagged.

redpete

K_P83 wrote: »

TMy mother almost put my brother inside for 3 months by her stupid decision making.
...
However, the legal pack that came with the tag, that my mum admitted she hadn't read, states that if they call, he is to answer, no question.
It doesn't matter whether he's asleep - wake him up.
...
Yes unfortunately she's having to endure her son being tagged & potentially facing a prison term, but she made a very serious poor judgement herself by telling them he was not available to talk as he was asleep. Various points on the legal pack addressed this very issue.
...
He doesn't want or need to go inside because his mum didn't want to wake him!!

It's not her responsibility to read all the details - your brother should have read it and made sure that anyone who needs to know also understands. If the G4S reaction on the phone is as you said (i.e. they said nothing to suggest that she should wake him up) then they are also at fault, but your mother isn't.

JackieRHE

Are you sure your "solicitor" is qualified?

What action does he/she think can be taken against your mother?
She has no legal obligation here at all.

It was your brother who made the wrong decision by not answering the phone himself.

Also stop shouting at people here - you put yourself up to be judged by posting here so live with it.:mad:

marywooyeah

I'm not really sure what you're seeking here OP, your brother already has a solicitor and he needs to keep his solicitor informed of everything that is going on/has happened - I'd be inclined to get someone from G4S out to test/replace the tag in the interim.

Buzby

The other option (in a similar situation) was that the location itself was problematic, and the use of the tag rejected for technical reasons. The court imposed a custodial penalty, BUT reduced the period. Not ideal, but one that resolved the problem.

preciousillusions

http://www.consumeractiongroup.co.uk/forum/

This^ is a really good forum that deals with many matters of law & crime. I'd def urge you to to post there for better advice as people here may not be so equipped with the knowledge to help. Good luck.

honey10

I had a similar problem with an ex member of the household, except hers wasn't triggering at all. Either way, after you have been so snappy to people who are trying to help, I don't think I want to help you.

Nine_Lives

JackieRHE wrote: »

It was your brother who made the wrong decision by not answering the phone himself.

Talking out of your backside i'm afraid.

I missed a call the other day as i was in the shower. The phone is downstairs at the other end of the house. I never even heard it go .... but i guess i DECIDED not to answer it by your logic.

Thanks to some who have helped. The others need to get a serious grip & know what on earth they're talking about before they start.

Jinx

If your brother had been in prison he would have a support network that could help re the tag and its not working - I dont know if its the same if he didnt make it to prison. I know that ex-prisoners have a social work liaison person and the Home Detention Team surely should be able to resolve this (im in Scotland tho, may be different where you are).

ETA - while you obviously do not want to antagonise the police, I wouldnt tolerate them continually turning up at the door either. I think I would be becoming deaf to the door.......

unholyangel

K_P83 wrote: »

Talking out of your backside i'm afraid.

I missed a call the other day as i was in the shower. The phone is downstairs at the other end of the house. I never even heard it go .... but i guess i DECIDED not to answer it by your logic.

Thanks to some who have helped. The others need to get a serious grip & know what on earth they're talking about before they start.

Perhaps take a step back and put yourself in your mums position. Given the time they called, is it not possible that your mum perhaps wasnt mentally awake? Have you never been caught off guard and not answered in the best way you possibly could have? Asking someone a question they're not expecting can lead to them giving an instinctual answer instead of a thought out one. Given your brother was asleep in bed, I'm sure the question of his whereabouts was indeed unexpected for your mother.

Plus as much as you might not like it, this would have never have happened if your brother was behaving as he should. Nevermind blaming your mum for making an honest mistake (she had no ill intentions, shes your mother), her mistake only came about because of your brothers actions in the first place. It is his actions that are the origin, not your mums.

Dont read what I say as nasty/mean etc, I certainly dont intend it that way. I'm just trying to show that perhaps you need to think how you would feel in her position. She probably feels guilty enough herself (given most mothers have a natural protective instinct of their children and are their own worst critic when it comes to anything they regard as a failure).


You can help people learn from their mistakes without being an !!! about it.



As for the tag.....I like shauns idea with a twist.....record it on video if possible and put the phone (when they phone) on speakerphone. Conclusive "proof" that he was indeed in the house when they called and that the monitor is likely to be faulty.

Your brother is being given a second chance to be a better person. Perhaps a good place to start would be apologising to his mum.

You're right, we dont know the facts and we only "know" what you tell us. Based on what you've told us, imo you were all out of order cracking down on your mum. Part of growing up is accepting responsibility for your actions and not blaming someone else when the situation you find yourself in is purely of your own making.

There may be underlying factors we're not aware of (such as your mum is an alcoholic/abusive/neglected you as children). But if that isnt the case, I seriously do hope you take a step back and see things from a different perspective. If your mum tries her best.......I hope you apologise.

As for your brother, I really hope this is a changing point for him. We all make mistakes. Sometimes out of ignorance, innocence or sometimes out of just plain stupidity. If your brother is being forgiven for his, i'm sure you can forgive your mother for hers

Pollycat

K_P83 wrote: »

Shame on YOU for thinking you know the situation well enough to JUDGE!! Who are YOU to judge? I'm just asking for advice here, not a lecture from someone who knows nothing about the situation they're preaching about. I'll point out to you that >I< have done no wrong, so don't lecture me!!!

My mother almost put my brother inside for 3 months by her stupid decision making.
Yes, my brother has done wrong - he admits 1 of the allegations put against him (but denies the others), so he will be dealt with accordingly (& that's for the REAL judge to decide on as well as the jury, not YOU).
However, the legal pack that came with the tag, that my mum admitted she hadn't read, states that if they call, he is to answer, no question.
It doesn't matter whether he's asleep - wake him up. They're not interested in him sleeping. He gave up his right for an uninterrupted sleep the moment he put himself in the position to require a tag.

Yes unfortunately she's having to endure her son being tagged & potentially facing a prison term, but she made a very serious poor judgement herself by telling them he was not available to talk as he was asleep. Various points on the legal pack addressed this very issue.
Not to mention the solicitor said my mum can face court herself for her actions - so legally speaking, she was in the WRONG.

If he's to go inside, it should be from his own actions, which will be fair enough. He doesn't want or need to go inside because his mum didn't want to wake him!!

So don't come judging me!!

If you can't hack being judged, don't post private details on a public forum.

After the above disgraceful rant, I feel even more sorry for your Mum.

You say >you< have done nothing wrong.

In my opinion, you have.
You've given grief to someone who's done nothing wrong, either.

So your Mum didn't read the legal pack that came with the tag?
Did your brother read it?
Did he tell your Mum that she must wake him up?

!!!!!!, whatever happened to personal accountability!

I don't care whether a solicitor has said your mum is in the wrong - legally.

I'm talking morally here.

If you were my brother and my other brother had been tagged and you were giving her grief in the same situation, you'd be dumped on the floor on your !!!!

What amazes me is that you don't seem to realise it!