SAFFRON

[sad person 6]

Hello saffron
I hope you dont mind me asking for your advice i was just wondering if you would no the answer.As you no my brother got sentanced to 6 years the jugde said he would not be able to go for porole until he had served 2 thirds of his sentance which in effect is 4 years,so he would not be allowed parole anyway.
Last week a parole officer went to see my brother ,he said to him that before he is realesed (this is if his appeal is not successful and he has to serve the 4 years) he may have to move address because he lives near to the victim. What i want to no is when he leaves prison after 4 years he is on licence untill january 2010 then his sentance expieres on july 2011 can they make him move? Would they only be able to control him if you like whilst he is on licence or would this be untill his sentance expires which would be a further 2 years.I dont understand why he would have to move he was out on bail for 7 months living by her not even had any conditions.Would you no who i could get some advice from .Do you think probation would speak to me ?Sorry for asking so many questions it just that i think that is so unfair he would have served his punishment this would be like being punished again.Have you heard of this happening before and who would it be who decided this.I said to my brother it might just apply if you got parole ,which is not going to happen

Thanks again saffron

[Saffron]

Hello Sad Person

Almost every release license has conditions attached to it. Your brother's "victim" will be consulted about his release before it is confirmed, and will be asked for her feelings about his release. She cannot, under ANY circumstances, veto the release, but her answers may affect the conditions of your brother's license. For example:

If she claimed to be terrified of him being back in their shared community, he could be given the following conditions: if they regularly drank in the same pub, he would be told that a condition of his licence would be not going to that pub, and any other place where they are likely to meet. It is likely that his licence conditions will state that he is to have no contact with her or her family. It will certainly state that he should have regular meetings with his probation officer, and probably attend regular rehabilitation classes as well.

Another one of the conditions he will certainly have to satisfy is that he has a place to stay. This can be his own home, his family's or a relative's home, or a friend's home. Prior to his release, whoever's house he will be staying at will be contacted to make sure they are happy to have him staying there.

But I have never heard of anyone being forced to move home because of the proximity to the "victim's" residence. I would suggest that your brother get clarification on this.

When my husband was in prison, he was told so many incredibly conflicting things about his release, including when it would be and what the conditions would be. He was told his release date would be in September, then December, then September again, before they finally settled on December. It is possible that your brother is being subjected to the same incompetencies as R was.

God knows, I hope your brother wins his appeal, and comes home totally cleared of these terrible crimes. But if he doesn't, then he needs to get himself a good solicitor who specialises in prison rights, release on licence, and even the possibility of Home Leave. While he is in prison, he will be receiving a copy of "Inside Times", the newspaper. In the back of that there are loads of advertisements for such solicitors.

It would also be worth you checking out http://www.paroleboard.gov.uk/faq/default.htm where there will be lots of answers to your questions.
There is also a really helpful site at www.sentdown.co.uk which is run by a chap who is a member of this site.

Please don't worry about asking me for advice. If I can help you, I will. Email me if you have any question I might be able to help you with. Good luck.

Saffron

[sad person 6]

Saffron
I thought i would let you no my brother was granted leave to appeal on friday.We are excited but we are not getting our hopes up .We are just waiting for a date when the appeal is going in front of the three judges
we are keeping our fingers crossed.We were told it can take 6 months to a year ,so we have still got a long road ahead.
Ali