Thief is spared being sent back to prison after breaching supervision order

Chesterfield magistrates' court.
Chesterfield magistrates' court.

A thief narrowly escaped being sent back to prison after he breached his post-sentence supervision order requirements following his release from jail.

Chesterfield magistrates’ court heard on Wednesday, November 9, how Brian Spencer, 43, of South Street, Buxton, failed to report to his probation officer and failed to provide any proof to explain his absence.

Defence solicitor Pari Seeley explained Spencer’s wife is having a difficult time because her son has been in hospital.

Miss Seeley added: “The defendant prioritised his life over the supervision order but he speaks highly of the probation officer and the probation service and the order.

“He has a support system in place with the probation service and has been complimentary of the service and is keen to have his liberty to support his family and he is keen to stay on with the post supervision.

“He has been turning up but on the wrong days because of chaotic lifestyle circumstances at home.

“He is trying and eager to carry on working with the probation service and wants to stick with the same probation officer who has been understanding and accommodating.”

Spencer pleaded guilty to breaching his post sentence supervision order from September 12 after he had been released from prison for an offence of theft.

District Judge Andrew Davison explained that breaching a post sentence supervision order can lead to a 14 day custodial sentence but he opted to impose a supervision default order with a 20 day curfew with electronic monitoring from 9pm to 9am daily.