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15NBS Chambers

Jim Olphert Persuades Court to Impose Fine in Prison Case

By December 18, 2018No Comments

Jim was instructed on behalf of a young man found in possession of a mobile phone in prison. The phone had been used to contact others outside custody, but only on a limited basis. Recent authorities, including R v Douglas [2016] EWCA Crim 1764 set the starting point for sentence in such cases, regardless of seriousness, as 6-18 months immediate custody.

Despite the seriousness of the offence, and the recommended sentences, Jim was able to persuade the court to take an exceptional course. The court found that the matter did not even cross the community threshold, and taking account of mitigation, ultimately imposed a financial penalty.

Jim was instructed by BAC Law.