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Thread: Any experts on criminal law on here?

  1. #1
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    Default Any experts on criminal law on here?

    Hi guys,

    I'd assume that most lawyers would be driving something a little better than a Vec, so I'm not sure I'll get a response, but here goes anyway!

    I'm in need of a little advice. Got nicked for something a couple of years ago and fined. Wasn't in a very good way at the time (been ill for a while) and was refused access to a solicitor (I was in Scotland and at the time, their laws meant I wasn't entitled to legal counsel, yes, it's shocking )

    Although it was only a minor offence, my "criminal record" is stopping me from doing a few things I've always wanted to do, namely, become a Special Constable. I'm looking to get my conviction over-ruled but I've no idea how! Never had dealings with the law in my life until then.

    Anyone got any advice for me?

  2. #2
    Regular Member neill's Avatar
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    Vehicle : Vectra C estate

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    Default

    Technically you only have 28 days to appeal, although a registrar at the appeals office may allow an extension if there are good enough reasons, ie if your waiting for legal advice, or you didnt know what to do.

    2 years is a long time to decide you want to get it squashed so i would doubt an application for extension of time would ever be granted.

    You can check if your conviction would infact effect you by contacting your local force, as there are seving officers with criminal records
    Last edited by neill; 18th April 2012 at 15:32.

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    If it's a caution, you're likely to be ok... but if you went to court & were convicted then you will stand no chance of being a pcso or similar.
    I would also agree with the above about the length of time it's taken you to appeal.

  4. #4
    spoons
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    Quote Originally Posted by neill View Post
    ....as there are seving officers with criminal records
    lol is that true?

  5. #5
    spoons
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    Quote Originally Posted by dh.dti View Post
    If it's a caution, you're likely to be ok... but if you went to court & were convicted then you will stand no chance of being a pcso or similar.
    Thats not true.

    Under the rehabilitation of offenders law you may still apply to the police force with previous criminal convictions.

    It doesnt mean they will accept you, but they will review your 'offence' and take your history into account.

    So I wouldnt think its a completely closed door. You'll have to just try but the main point is... its possible yes

  6. #6
    North West Regional Organiser paulvectrac's Avatar
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    Where m8internet at when u need him he will know mate
    Vectra vxr custome remaps egr deletes dpf and diagnostic work all remaps are custome bench tuning avalible all genuine equipment PM for info

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    Regular Member chewy71's Avatar
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    you'd be better off applying to be a politician,.. they ALL have criminal records!!

  8. #8
    spoons
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    Ok here goes....

    http://www.legislation.gov.uk/ukpga/1974/53

    Rehabilitation of Offenders Act 1974

    1974 CHAPTER 53

    An Act to rehabilitate offenders who have not been reconvicted of any serious offence for periods of years, to penalise the unauthorised disclosure of their previous convictions, to amend the law of defamation, and for purposes connected therewith.

    4 Effect of rehabilitation.E+W+S

    (1)Subject to sections 7 and 8 below, a person who has become a rehabilitated person for the purposes of this Act in respect of a conviction shall be treated for all purposes in law as a person who has not committed or been charged with or prosecuted for or convicted of or sentenced for the offence or offences which were the subject of that conviction; and, notwithstanding the provisions of any other enactment or rule of law to the contrary, but subject as aforesaid—

    (a)no evidence shall be admissible in any proceedings before a judicial authority exercising its jurisdiction or functions in Great Britain to prove that any such person has committed or been charged with or prosecuted for or convicted of or sentenced for any offence which was the subject of a spent conviction; and

    (b)a person shall not, in any such proceedings, be asked, and, if asked, shall not be required to answer, any question relating to his past which cannot be answered without acknowledging or referring to a spent conviction or spent convictions or any circumstances ancillary thereto.


    (2)Subject to the provisions of any order made under subsection (4) below, where a question seeking information with respect to a person’s previous convictions, offences, conduct or circumstances is put to him or to any other person otherwise than in proceedings before a judicial authority—

    (a)the question shall be treated as not relating to spent convictions or to any circumstances ancillary to spent convictions, and the answer thereto may be framed accordingly; and

    (b)the person questioned shall not be subjected to any liability or otherwise prejudiced in law by reason of any failure to acknowledge or disclose a spent conviction or any circumstances ancillary to a spent conviction in his answer to the question.

    (3)Subject to the provisions of any order made under subsection (4) below,—

    (a)any obligation imposed on any person by any rule of law or by the provisions of any agreement or arrangement to disclose any matters to any other person shall not extend to requiring him to disclose a spent conviction or any circumstances ancillary to a spent conviction (whether the conviction is his own or another’s); and

    (b)a conviction which has become spent or any circumstances ancillary thereto, or any failure to disclose a spent conviction or any such circumstances, shall not be a proper ground for dismissing or excluding a person from any office, profession, occupation or employment, or for prejudicing him in any way in any occupation or employment.

  9. #9
    spoons
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    So basically you dont have to tell anyone about spent convictions.

    However, it would be in your best interests to disclose it to the Police on your application form (as they will find out anyway) as it will show your new good integrity and honesty
    Last edited by spoons; 18th April 2012 at 17:13.

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    If your conviction is for a dishonesty offence(theft) then you basically have no chance. No matter how long you wait.

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