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khafka
khafka
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AB2014 - 10 Feb 20 12:34 PM
khafka - 10 Feb 20 12:17 PM
Hi peeps!

I thought I would just chime in and let you all know how I got on.

Today was my sentencing and thankfully no custodial sentence!

Reading the social work report was pretty grim as they totally twisted a lot of my words and it came across as a less than stellar report of myself but we managed to clear up some of the things they said which is good.
  • 120 Hours community payback order (would've been 200 but accounting for the early plea) over a 6 month period
  • I have to take part in the Moving Forward, Making Changes program which runs for 3 years
  • I will also be subject to the register notification requirements for those 3 years
  • I have a review in 3 months to make sure I'm keeping my nose clean and abiding by everything as the judge doesn't think I'll actually take part in any of this - I'm happy to prove him wrong!

So all things considered, a pretty good result I think.

I hesitate to say "Congratulations", but it does sound like some common sense was applied. Let's hope your compliance will make the judge think again about his attitude. You shouldn't be surprised by the approach of social workers when writing reports - that seems to be standard practice. However, as you'll now be dealing with social workers, let's hope they apply some common sense as well.

The main comment with the social work which jumped out was relating to the possibility of a custodial sentence and my response to it. They stated that I showed a lack of respect to the court/justice system in my response. Thankfully the judge saw through that and understood my answer for what it was.

I was asked (after the questionnaire was completed):

Social Work - "So if you do get a custodial sentence would you look to appeal it?"
Me - "Well, yeah probably. I mean when you look at my crime and compare it to others of similar nature in the area, all of which never received a custodial sentence I think it'd be a bit disproportionate"

Social Work Report - Khafka proclaimed that he would appeal any custodial sentence which to me shows a lack of acceptance of his crime and a lack of respect for the court system

So yeah, that didn't paint me in a great light and considering the report questions were done I feel a bit aggrieved it made its way into the report regardless.

Out of curiosity - For future social work reports am I allowed to record them too. An audio recording just in case something like this happens again.

AB2014
AB2014
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khafka - 10 Feb 20 12:40 PM
AB2014 - 10 Feb 20 12:34 PM
khafka - 10 Feb 20 12:17 PM
Hi peeps!

I thought I would just chime in and let you all know how I got on.

Today was my sentencing and thankfully no custodial sentence!

Reading the social work report was pretty grim as they totally twisted a lot of my words and it came across as a less than stellar report of myself but we managed to clear up some of the things they said which is good.
  • 120 Hours community payback order (would've been 200 but accounting for the early plea) over a 6 month period
  • I have to take part in the Moving Forward, Making Changes program which runs for 3 years
  • I will also be subject to the register notification requirements for those 3 years
  • I have a review in 3 months to make sure I'm keeping my nose clean and abiding by everything as the judge doesn't think I'll actually take part in any of this - I'm happy to prove him wrong!

So all things considered, a pretty good result I think.

I hesitate to say "Congratulations", but it does sound like some common sense was applied. Let's hope your compliance will make the judge think again about his attitude. You shouldn't be surprised by the approach of social workers when writing reports - that seems to be standard practice. However, as you'll now be dealing with social workers, let's hope they apply some common sense as well.

The main comment with the social work which jumped out was relating to the possibility of a custodial sentence and my response to it. They stated that I showed a lack of respect to the court/justice system in my response. Thankfully the judge saw through that and understood my answer for what it was.

I was asked (after the questionnaire was completed):

Social Work - "So if you do get a custodial sentence would you look to appeal it?"
Me - "Well, yeah probably. I mean when you look at my crime and compare it to others of similar nature in the area, all of which never received a custodial sentence I think it'd be a bit disproportionate"

Social Work Report - Khafka proclaimed that he would appeal any custodial sentence which to me shows a lack of acceptance of his crime and a lack of respect for the court system

So yeah, that didn't paint me in a great light and considering the report questions were done I feel a bit aggrieved it made its way into the report regardless.

Out of curiosity - For future social work reports am I allowed to record them too. An audio recording just in case something like this happens again.

I'd say that if they record any meetings, you can either record as well, or make a Freedom of Information request for a copy of the recording. If they don't record, but just take notes, then you can take your own notes, and you can probably ask for a copy of theirs, or at least the relevant entries on your file. They might make a fuss, but Freedom of Information does what it says on the tin, and the Information Commissioner in Scotland should be happy to explain it to them if they don't comply.

=========================================================================================================

If you are to punish a man retributively you must injure him. If you are to reform him you must improve him. And men are not improved by injuries. (George Bernard Shaw)

khafka
khafka
Supreme Being
Supreme Being (32K reputation)Supreme Being (32K reputation)Supreme Being (32K reputation)Supreme Being (32K reputation)Supreme Being (32K reputation)Supreme Being (32K reputation)Supreme Being (32K reputation)Supreme Being (32K reputation)Supreme Being (32K reputation)

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Posts: 320, Visits: 16K
AB2014 - 10 Feb 20 12:59 PM
khafka - 10 Feb 20 12:40 PM
AB2014 - 10 Feb 20 12:34 PM
khafka - 10 Feb 20 12:17 PM
Hi peeps!

I thought I would just chime in and let you all know how I got on.

Today was my sentencing and thankfully no custodial sentence!
  • 120 Hours community payback order (would've been 200 but accounting for the early plea) over a 6 month period
  • I have to take part in the Moving Forward, Making Changes program which runs for 3 years
  • I will also be subject to the register notification requirements for those 3 years
  • I have a review in 3 months to make sure I'm keeping my nose clean and abiding by everything as the judge doesn't think I'll actually take part in any of this - I'm happy to prove him wrong!

So all things considered, a pretty good result I think.

I hesitate to say "Congratulations", but it does sound like some common sense was applied. Let's hope your compliance will make the judge think again about his attitude. You shouldn't be surprised by the approach of social workers when writing reports - that seems to be standard practice. However, as you'll now be dealing with social workers, let's hope they apply some common sense as well.

The main comment with the social work which jumped out was relating to the possibility of a custodial sentence and my response to it. They stated that I showed a lack of respect to the court/justice system in my response. Thankfully the judge saw through that and understood my answer for what it was.

I was asked (after the questionnaire was completed):

Social Work - "So if you do get a custodial sentence would you look to appeal it?"
Me - "Well, yeah probably. I mean when you look at my crime and compare it to others of similar nature in the area, all of which never received a custodial sentence I think it'd be a bit disproportionate"

Social Work Report - Khafka proclaimed that he would appeal any custodial sentence which to me shows a lack of acceptance of his crime and a lack of respect for the court system

So yeah, that didn't paint me in a great light and considering the report questions were done I feel a bit aggrieved it made its way into the report regardless.

Out of curiosity - For future social work reports am I allowed to record them too. An audio recording just in case something like this happens again.

I'd say that if they record any meetings, you can either record as well, or make a Freedom of Information request for a copy of the recording. If they don't record, but just take notes, then you can take your own notes, and you can probably ask for a copy of theirs, or at least the relevant entries on your file. They might make a fuss, but Freedom of Information does what it says on the tin, and the Information Commissioner in Scotland should be happy to explain it to them if they don't comply.

They never recorded any audio the last times. I want to be careful pushing it too much as they could well just end up giving me a stinky report that I'm being "combative" or something which I don't really want. It's tricky.

I know there is still work to be done but I feel a massive sense of relief now and that a huge weight has been lifted. I've been carrying this for a year now, not knowing what was going to happen. It's nice to finally have some closure on it.

JASB
JASB
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AB2014 - 10 Feb 20 12:59 PM
khafka - 10 Feb 20 12:40 PM
AB2014 - 10 Feb 20 12:34 PM
khafka - 10 Feb 20 12:17 PM
Hi peeps!

I thought I would just chime in and let you all know how I got on.
  • 120 Hours community payback order (would've been 200 but accounting for the early plea) over a 6 month period
  • I have to take part in the Moving Forward, Making Changes program which runs for 3 years
  • I will also be subject to the register notification requirements for those 3 years
  • I have a review in 3 months to make sure I'm keeping my nose clean and abiding by everything as the judge doesn't think I'll actually take part in any of this - I'm happy to prove him wrong!

So all things considered, a pretty good result I think.

I hesitate to say "Congratulations", but it does sound like some common sense was applied. Let's hope your compliance will make the judge think again about his attitude. You shouldn't be surprised by the approach of social workers when writing reports - that seems to be standard practice. However, as you'll now be dealing with social workers, let's hope they apply some common sense as well.

The main comment with the social work which jumped out was relating to the possibility of a custodial sentence and my response to it. They stated that I showed a lack of respect to the court/justice system in my response. Thankfully the judge saw through that and understood my answer for what it was.

I was asked (after the questionnaire was completed):

Social Work - "So if you do get a custodial sentence would you look to appeal it?"
Me - "Well, yeah probably. I mean when you look at my crime and compare it to others of similar nature in the area, all of which never received a custodial sentence I think it'd be a bit disproportionate"

Social Work Report - Khafka proclaimed that he would appeal any custodial sentence which to me shows a lack of acceptance of his crime and a lack of respect for the court system

So yeah, that didn't paint me in a great light and considering the report questions were done I feel a bit aggrieved it made its way into the report regardless.

Out of curiosity - For future social work reports am I allowed to record them too. An audio recording just in case something like this happens again.

I'd say that if they record any meetings, you can either record as well, or make a Freedom of Information request for a copy of the recording. If they don't record, but just take notes, then you can take your own notes, and you can probably ask for a copy of theirs, or at least the relevant entries on your file. They might make a fuss, but Freedom of Information does what it says on the tin, and the Information Commissioner in Scotland should be happy to explain it to them if they don't comply.

Hi
In general terms and in regard as to asking for copies of their reports, you may find a readable and full version may be difficult  and only supplied to a solicitor to maintain any delicate confidentialities - the offender is not allowed to see.
Also the main reason I have always be told is to protect individuals e.g. victims and authorities in case of offender "responses"

Learn from yesterday, live for today, hope is for tomorrow else what is left if you remove a mans hope.
Edited
4 Years Ago by JASB
AB2014
AB2014
Supreme Being
Supreme Being (161K reputation)Supreme Being (161K reputation)Supreme Being (161K reputation)Supreme Being (161K reputation)Supreme Being (161K reputation)Supreme Being (161K reputation)Supreme Being (161K reputation)Supreme Being (161K reputation)Supreme Being (161K reputation)

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Posts: 1K, Visits: 7K
JASB - 10 Feb 20 2:53 PM
AB2014 - 10 Feb 20 12:59 PM
khafka - 10 Feb 20 12:40 PM
AB2014 - 10 Feb 20 12:34 PM
khafka - 10 Feb 20 12:17 PM
Hi peeps!

I thought I would just chime in and let you all know how I got on.
  • 120 Hours community payback order (would've been 200 but accounting for the early plea) over a 6 month period
  • I have to take part in the Moving Forward, Making Changes program which runs for 3 years
  • I will also be subject to the register notification requirements for those 3 years
  • I have a review in 3 months to make sure I'm keeping my nose clean and abiding by everything as the judge doesn't think I'll actually take part in any of this - I'm happy to prove him wrong!

So all things considered, a pretty good result I think.

I hesitate to say "Congratulations", but it does sound like some common sense was applied. Let's hope your compliance will make the judge think again about his attitude. You shouldn't be surprised by the approach of social workers when writing reports - that seems to be standard practice. However, as you'll now be dealing with social workers, let's hope they apply some common sense as well.

The main comment with the social work which jumped out was relating to the possibility of a custodial sentence and my response to it. They stated that I showed a lack of respect to the court/justice system in my response. Thankfully the judge saw through that and understood my answer for what it was.

I was asked (after the questionnaire was completed):

Social Work - "So if you do get a custodial sentence would you look to appeal it?"
Me - "Well, yeah probably. I mean when you look at my crime and compare it to others of similar nature in the area, all of which never received a custodial sentence I think it'd be a bit disproportionate"

Social Work Report - Khafka proclaimed that he would appeal any custodial sentence which to me shows a lack of acceptance of his crime and a lack of respect for the court system

So yeah, that didn't paint me in a great light and considering the report questions were done I feel a bit aggrieved it made its way into the report regardless.

Out of curiosity - For future social work reports am I allowed to record them too. An audio recording just in case something like this happens again.

I'd say that if they record any meetings, you can either record as well, or make a Freedom of Information request for a copy of the recording. If they don't record, but just take notes, then you can take your own notes, and you can probably ask for a copy of theirs, or at least the relevant entries on your file. They might make a fuss, but Freedom of Information does what it says on the tin, and the Information Commissioner in Scotland should be happy to explain it to them if they don't comply.

Hi
In general terms and in regard as to asking for copies of their reports, you may find a readable and full version may be difficult  and only supplied to a solicitor to maintain any delicate confidentialities - the offender is not allowed to see.
Also the main reason I have always be told is to protect individuals e.g. victims and authorities in case of offender "responses"

You may well have been told that, as some of them will use any excuse. However, that is what redaction is for. Freedom of Information is still a legal right and obligation.

=========================================================================================================

If you are to punish a man retributively you must injure him. If you are to reform him you must improve him. And men are not improved by injuries. (George Bernard Shaw)

JASB
JASB
Supreme Being
Supreme Being (96K reputation)Supreme Being (96K reputation)Supreme Being (96K reputation)Supreme Being (96K reputation)Supreme Being (96K reputation)Supreme Being (96K reputation)Supreme Being (96K reputation)Supreme Being (96K reputation)Supreme Being (96K reputation)

Group: Awaiting Activation
Posts: 1K, Visits: 1.6K
AB2014 - 10 Feb 20 3:06 PM
JASB - 10 Feb 20 2:53 PM
AB2014 - 10 Feb 20 12:59 PM
khafka - 10 Feb 20 12:40 PM
AB2014 - 10 Feb 20 12:34 PM
khafka - 10 Feb 20 12:17 PM
Hi peeps!
  • 120 Hours community payback order (would've been 200 but accounting for the early plea) over a 6 month period
  • I have to take part in the Moving Forward, Making Changes program which runs for 3 years
  • I will also be subject to the register notification requirements for those 3 years
  • I have a review in 3 months to make sure I'm keeping my nose clean and abiding by everything as the judge doesn't think I'll actually take part in any of this - I'm happy to prove him wrong!

So all things considered, a pretty good result I think.

I hesitate to say "Congratulations", but it does sound like some common sense was applied. Let's hope your compliance will make the judge think again about his attitude. You shouldn't be surprised by the approach of social workers when writing reports - that seems to be standard practice. However, as you'll now be dealing with social workers, let's hope they apply some common sense as well.

The main comment with the social work which jumped out was relating to the possibility of a custodial sentence and my response to it. They stated that I showed a lack of respect to the court/justice system in my response. Thankfully the judge saw through that and understood my answer for what it was.

I was asked (after the questionnaire was completed):

Social Work - "So if you do get a custodial sentence would you look to appeal it?"
Me - "Well, yeah probably. I mean when you look at my crime and compare it to others of similar nature in the area, all of which never received a custodial sentence I think it'd be a bit disproportionate"

Social Work Report - Khafka proclaimed that he would appeal any custodial sentence which to me shows a lack of acceptance of his crime and a lack of respect for the court system

So yeah, that didn't paint me in a great light and considering the report questions were done I feel a bit aggrieved it made its way into the report regardless.

Out of curiosity - For future social work reports am I allowed to record them too. An audio recording just in case something like this happens again.

I'd say that if they record any meetings, you can either record as well, or make a Freedom of Information request for a copy of the recording. If they don't record, but just take notes, then you can take your own notes, and you can probably ask for a copy of theirs, or at least the relevant entries on your file. They might make a fuss, but Freedom of Information does what it says on the tin, and the Information Commissioner in Scotland should be happy to explain it to them if they don't comply.

Hi
In general terms and in regard as to asking for copies of their reports, you may find a readable and full version may be difficult  and only supplied to a solicitor to maintain any delicate confidentialities - the offender is not allowed to see.
Also the main reason I have always be told is to protect individuals e.g. victims and authorities in case of offender "responses"

You may well have been told that, as some of them will use any excuse. However, that is what redaction is for. Freedom of Information is still a legal right and obligation.

Hi
Agree but I suppose I am just suggesting that "redaction" will probably be used on the elements most vital for the case. LOL

Learn from yesterday, live for today, hope is for tomorrow else what is left if you remove a mans hope.
AB2014
AB2014
Supreme Being
Supreme Being (161K reputation)Supreme Being (161K reputation)Supreme Being (161K reputation)Supreme Being (161K reputation)Supreme Being (161K reputation)Supreme Being (161K reputation)Supreme Being (161K reputation)Supreme Being (161K reputation)Supreme Being (161K reputation)

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Posts: 1K, Visits: 7K
JASB - 10 Feb 20 4:40 PM
AB2014 - 10 Feb 20 3:06 PM
JASB - 10 Feb 20 2:53 PM
AB2014 - 10 Feb 20 12:59 PM
khafka - 10 Feb 20 12:40 PM
AB2014 - 10 Feb 20 12:34 PM
khafka - 10 Feb 20 12:17 PM
Hi peeps!
  • 120 Hours community payback order (would've been 200 but accounting for the early plea) over a 6 month period
  • I have to take part in the Moving Forward, Making Changes program which runs for 3 years
  • I will also be subject to the register notification requirements for those 3 years
  • I have a review in 3 months to make sure I'm keeping my nose clean and abiding by everything as the judge doesn't think I'll actually take part in any of this - I'm happy to prove him wrong!

So all things considered, a pretty good result I think.

I hesitate to say "Congratulations", but it does sound like some common sense was applied. Let's hope your compliance will make the judge think again about his attitude. You shouldn't be surprised by the approach of social workers when writing reports - that seems to be standard practice. However, as you'll now be dealing with social workers, let's hope they apply some common sense as well.

The main comment with the social work which jumped out was relating to the possibility of a custodial sentence and my response to it. They stated that I showed a lack of respect to the court/justice system in my response. Thankfully the judge saw through that and understood my answer for what it was.

I was asked (after the questionnaire was completed):

Social Work - "So if you do get a custodial sentence would you look to appeal it?"
Me - "Well, yeah probably. I mean when you look at my crime and compare it to others of similar nature in the area, all of which never received a custodial sentence I think it'd be a bit disproportionate"

Social Work Report - Khafka proclaimed that he would appeal any custodial sentence which to me shows a lack of acceptance of his crime and a lack of respect for the court system

So yeah, that didn't paint me in a great light and considering the report questions were done I feel a bit aggrieved it made its way into the report regardless.

Out of curiosity - For future social work reports am I allowed to record them too. An audio recording just in case something like this happens again.

I'd say that if they record any meetings, you can either record as well, or make a Freedom of Information request for a copy of the recording. If they don't record, but just take notes, then you can take your own notes, and you can probably ask for a copy of theirs, or at least the relevant entries on your file. They might make a fuss, but Freedom of Information does what it says on the tin, and the Information Commissioner in Scotland should be happy to explain it to them if they don't comply.

Hi
In general terms and in regard as to asking for copies of their reports, you may find a readable and full version may be difficult  and only supplied to a solicitor to maintain any delicate confidentialities - the offender is not allowed to see.
Also the main reason I have always be told is to protect individuals e.g. victims and authorities in case of offender "responses"

You may well have been told that, as some of them will use any excuse. However, that is what redaction is for. Freedom of Information is still a legal right and obligation.

Hi
Agree but I suppose I am just suggesting that "redaction" will probably be used on the elements most vital for the case. LOL

That may well be the case, and is another tactic they would find appealing. However, they are only allowed to redact information that would identify another person, and I'm sure the ICO would be interested in anyone using any tactics to thwart Freedom of Information.

=========================================================================================================

If you are to punish a man retributively you must injure him. If you are to reform him you must improve him. And men are not improved by injuries. (George Bernard Shaw)

tedstriker
tedstriker
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Group: Forum Members
Posts: 49, Visits: 2.7K
khafka - 10 Feb 20 12:17 PM
Hi peeps!

I thought I would just chime in and let you all know how I got on.

Today was my sentencing and thankfully no custodial sentence!

Reading the social work report was pretty grim as they totally twisted a lot of my words and it came across as a less than stellar report of myself but we managed to clear up some of the things they said which is good.

If anyone is interested my sentence is:
  • 120 Hours community payback order (would've been 200 but accounting for the early plea) over a 6 month period
  • I have to take part in the Moving Forward, Making Changes program which runs for 3 years
  • I will also be subject to the register notification requirements for those 3 years
  • I have a review in 3 months to make sure I'm keeping my nose clean and abiding by everything as the judge doesn't think I'll actually take part in any of this - I'm happy to prove him wrong!

So all things considered, a pretty good result I think.

This is great news. I would be wary of the 3 years SOR requirements though. That reads to me as if it should be 5 years?
AB2014
AB2014
Supreme Being
Supreme Being (161K reputation)Supreme Being (161K reputation)Supreme Being (161K reputation)Supreme Being (161K reputation)Supreme Being (161K reputation)Supreme Being (161K reputation)Supreme Being (161K reputation)Supreme Being (161K reputation)Supreme Being (161K reputation)

Group: Forum Members
Posts: 1K, Visits: 7K
tedstriker - 11 Feb 20 12:21 PM
khafka - 10 Feb 20 12:17 PM
Hi peeps!

I thought I would just chime in and let you all know how I got on.

Today was my sentencing and thankfully no custodial sentence!

Reading the social work report was pretty grim as they totally twisted a lot of my words and it came across as a less than stellar report of myself but we managed to clear up some of the things they said which is good.
  • 120 Hours community payback order (would've been 200 but accounting for the early plea) over a 6 month period
  • I have to take part in the Moving Forward, Making Changes program which runs for 3 years
  • I will also be subject to the register notification requirements for those 3 years
  • I have a review in 3 months to make sure I'm keeping my nose clean and abiding by everything as the judge doesn't think I'll actually take part in any of this - I'm happy to prove him wrong!

So all things considered, a pretty good result I think.

This is great news. I would be wary of the 3 years SOR requirements though. That reads to me as if it should be 5 years?

Don't forget he is in Scotland, where the law is slightly different. The law, as applied in Scotland, says the notification period runs until the end of the community payback order. That has no relation to the amount of work, just the supervision requirement. You might think that would be the 6 months relating to the unpaid work, but as the other stuff is involved, that should take it out to 3 years. From down here in England, that result looks even better.

As for when it's spent, if he was given a SOPO, it's spent at the end of the SOPO, as in England. If there was no SOPO, then the law appears to say it's spent after...12 months.

=========================================================================================================

If you are to punish a man retributively you must injure him. If you are to reform him you must improve him. And men are not improved by injuries. (George Bernard Shaw)

Edited
4 Years Ago by AB2014
tedstriker
tedstriker
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AB2014 - 11 Feb 20 12:42 PM
tedstriker - 11 Feb 20 12:21 PM
khafka - 10 Feb 20 12:17 PM
Hi peeps!

I thought I would just chime in and let you all know how I got on.

Today was my sentencing and thankfully no custodial sentence!
  • 120 Hours community payback order (would've been 200 but accounting for the early plea) over a 6 month period
  • I have to take part in the Moving Forward, Making Changes program which runs for 3 years
  • I will also be subject to the register notification requirements for those 3 years
  • I have a review in 3 months to make sure I'm keeping my nose clean and abiding by everything as the judge doesn't think I'll actually take part in any of this - I'm happy to prove him wrong!

So all things considered, a pretty good result I think.

This is great news. I would be wary of the 3 years SOR requirements though. That reads to me as if it should be 5 years?

Don't forget he is in Scotland, where the law is slightly different. The law, as applied in Scotland, says the notification period runs until the end of the community payback order. That has no relation to the amount of work, just the supervision requirement. You might think that would be the 6 months relating to the unpaid work, but as the other stuff is involved, that should take it out to 3 years. From down here in England, that result looks even better.

As for when it's spent, if he was given a SOPO, it's spent at the end of the SOPO, as in England. If there was no SOPO, then the law appears to say it's spent after...12 months.

Well spotted! Good for him.
GO


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