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mjones2006
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Hi,

 

A friend of mine is really upset after a court decided yesterday to issue a 8 week curfew. Now the amount in question is not a huge amount compared to some you hear of i think it was less that £5000. Without getting into all the detail of how she un-knowingly recieved money she was not entitled to is it worth appealing the decesion of a curfew? I mean how does a tag in any way stop people comitting benefit fraud? I could understand a punishment like this for maybe a burgular.

 

A punishment like this not only affects her but it also affects the rest of the family as she is the only member that has access to a car, what if a child became ill and needed supplies from a shop late at night?

 

So my question is, is it worth appealing with it being 8 week curfew how long does it take appeal tpo get through? Its not a case of avioding punishment just i do not see why the whole family has to suffer and more so i do not understand how this punishment is suitable for benefit fraud?

 

 

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There are usually provisions in the tagging order for emergencies, and the convicted individual should be provided with instructions as to what to do in such circumstances when the tag is applied.

 

The purpose of the tag is not necessarily to prevent the commission of further crimes by keeping the individual in one place; it also functions to provide an element of punishment by depriving the individual of liberty to do whatever they want. As you've mentioned, it may impact upon others in the family and this serves a preventive purpose by focussing the individual's mind on the effects their crime upon others. Given that a further crime may attract a custodial sentence, it demonstrates what life would be like when the convicted individual is not able to take part in all the activities of the family group.

 

As to appeal, the defence solicitor is the person to advise on this. Usually, however, the time for mitigation is prior to sentencing.

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