Community payback

Convicted Driver Insurance

pjh1

Member
Hi
unfortunately I have been given 180 hrs community payback after a court hearing for drink driving very foolish I know but I am on long term ESA support with Mental Health which states I am unfit for work .

Can the probation service make me complete this?
 
I would have expected that The Probation Service to have explored your ability to undertake a community payback in the pre sentence report. Did you tell the officer preparing the report about your diagnosis?
 
Thank you for your reply much appreciated . I did not get a pre sentence report .
I paid an awful lot of money to be represented by a lawyer who was useless my original plea was advised to be not guilty due to the police not following correct procedure due to my Mental health at the police station citing The Miller case which apparently says a Mental health worker should have been contacted immediately as I refused a breath sample on grounds of Mental health .
On the day I was supported by 2 Mental health workers .
When we actually got into court after waiting 6 hrs I pleaded not guilty as advised and the district judge made several negative remarks which put me very much in a state of anxiety she then adjourned and I spoke to my lawyer who said it was up to me if I changed my plea to guilty which I did as I simply could not take anymore .
I received 3 year ban as it was 2nd offence within 10 years 180hrs community payback and tagged for 4 weeks
I have been on ESA Support group for 9 years with my Mental health and had a very good letter from my doctor which was not read out in court but according to lawyer was known to the court if it was or not I do not know.
I was then taken to probation who simply gave me an appointment to attained probation service which I did last week I need to go again this week to arrange were I need to complete the 180hrs .
The law firm who supplied the lawyer originally said when I complained about the lawyer that if a PET form was presented to the court then a guilty plea should not have been accepted . They said the case could be reopened on the grounds of this but are now back tracking saying I would need reports etc costing hundreds . Its literally left me feeling suicidal at 58 years old .
 
You need to take confirmation of your being unfit to work with you when you see probation.
They carry out an assessment to see what type of work you are sent to. It may be that they are able to offer you something that uses your time but would not amount to work as such. That could be visiting at an old people home or maybe some gardening a few hours a week.
 
Without prying into your health it depends on your health condition. Shop work would seem unlikely as presumably you wouldn't be signed off if you could work in a shop - but the probabation service will discuss suitable placements with you.

If you can't complete the work then you will be asked to return to court for an alternative sentence, but you need to be aware that may well be imprisonment.
 
Thank you for reply , currently waiting for a letter to tell me my individual placement . The fact that I am on ESA support seemed to make no difference and was referred to as unemployed .
 
As far as I know the Probation Service don't take account of any benefits are on - they just assess you based on your current circumstances and your ability to carry out various placements. The criteria for ESA and their criteria don't overlap in a reliable way, bearing in mind ESA covers unemployed, employed and self employed people.
 
As far as I know the Probation Service don't take account of any benefits are on - they just assess you based on your current circumstances and your ability to carry out various placements. The criteria for ESA and their criteria don't overlap in a reliable way, bearing in mind ESA covers unemployed, employed and self employed people.
 
Hi again, yes you are correct that is what they have told me . Currently waiting for a letter to tell me where my placement will be .
 
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