Also if its just a sentencing?
Yes, it is the sentencing that is reported on.
I would just like to stress again that this does not happen to everyone. It depends on if other cases that day or week sound more
Oh wow. Thanks for your feedback. I did plead guilty with mitigation circumstances. And as for the reporters, how will they get the story as its just a sentencing? I don't assume the judge will read out my situation...I also asked my probation officer about the reporters being there and he said it was unlikely. I also read an article about a man who was dismissed for dui due to his mental health issues ( ptsd) and he was not disqualifed . I was sectioned and according to the 2010 article on mental health discrimination, the system failed me and didn't give me the support I needed hence my mental state deteriorated which lead to the incident. I was then diagnosed with extreme ptsd.The probation officer will interview YOU, and get your thoughts on the offence, and gauge your level of remorse.
He will also assess if any mental health support is needed.... part of the punishment can actually be help with treatment!
Based on that, he will make a recommendation to the court as to what form of community penalty you will be suitable for. He will make NO recommendations about the disqualification, that is not a part of the probation remit. I see you have asked the solicitor about if the probation officer will be able to advance ‘special reasons’ to not disqualify you. I am sure the solicitor will agree that the answer to this is a big NO.
From what you have described, there are no special reasons as set out in law, and even if there were, it is for your solicitor to advance those reasons, certainly not the probation service. This would have been done at the plea stage, where the plea would have been ‘Guilty but with special reasons” The court would have adjourned the case for what is known as a ‘Newton Hearing’ to discuss the special reasons.
As you simply pleaded guilty, the resumed hearing will just be to receive the report (which is not given to the court in advance, nor even at the start of the day... but when your case is called) and decide the length of the ban and what format they want the community penalty to be. (If your reading was 120+ then they will also have to consider imprisonment, but that is rare) this can be in the form of community service for a certain number of hours, or telling you to get involved with whatever help the probation report suggests.
The contents of the pre sentence report are only shared with the magistrates. They are NOT read out in court.
You asked before about thre press, they are entitled to be there in court if they want to, and they can report on anything that is said in open court, which is why I cautioned you a while ago about limiting your personal circumstances unless you are happy for the whole town to read about them.
Dui ( drink under influence) I don't have a solicitor and only the same cps woman dealing with my case will be representing plus same judge as she picked the date. I was undergoing ptsd symptoms which triggered me to drive..and I've been informed this report will be presented to judge before my final court dateThere will be a summary read out again to the court when you appear for sentencing, as it may be a different bench of solicitors that you are before to the first time, then they will consider the report and tell you the punishment you are getting.
Even if the press are not in court, they can ask the court for a summary of cases in court that day and the punishment handed out.
I am not aware of anyone not being banned for drink driving because of PTSD, unless they drove on that occasion as a direct result of something triggering it and only for that reason. The fact that someone has PTSD is not a reason to not disqualify.
You mentioned DUI, was it an American case?
Hi ChelimoDui ( drink under influence) I don't have a solicitor and only the same cps woman dealing with my case will be representing plus same judge as she picked the date. I was undergoing ptsd symptoms which triggered me to drive..and I've been informed this report will be presented to judge before my final court date