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Conviction In Scotland Living In England


Conviction In Scotland Living In England

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alexh07
alexh07
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Hi, I got 136 hours community service and 2 years supervision for offending someone on Facebook in Scotland but have now moved to England.

It is my understanding that in Scotland this sentence takes 5 years to become spent but in England it takes 1 year.

I assumed that because I receieved the conviction in Scotland that I would have to declare this for the next 5 years for jobs, insurance, accommodation etc regardless of whether I am in England or Scotland but is that right? Or does my criminal record become spent after 1 year if I apply for a job in England for example?
Hola
Hola
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alexh07 - 14 Feb 20 3:54 AM
Hi, I got 136 hours community service and 2 years supervision for offending someone on Facebook in Scotland but have now moved to England.

It is my understanding that in Scotland this sentence takes 5 years to become spent but in England it takes 1 year.

I assumed that because I receieved the conviction in Scotland that I would have to declare this for the next 5 years for jobs, insurance, accommodation etc regardless of whether I am in England or Scotland but is that right? Or does my criminal record become spent after 1 year if I apply for a job in England for example?

Different offence but I was convicted in Scotland and living in England, and English law applies, at least that was my experience. Hope that helps
alexh07
alexh07
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Hola - 15 Feb 20 8:25 AM
alexh07 - 14 Feb 20 3:54 AM
Hi, I got 136 hours community service and 2 years supervision for offending someone on Facebook in Scotland but have now moved to England.

It is my understanding that in Scotland this sentence takes 5 years to become spent but in England it takes 1 year.

I assumed that because I receieved the conviction in Scotland that I would have to declare this for the next 5 years for jobs, insurance, accommodation etc regardless of whether I am in England or Scotland but is that right? Or does my criminal record become spent after 1 year if I apply for a job in England for example?

Different offence but I was convicted in Scotland and living in England, and English law applies, at least that was my experience. Hope that helps

Wow that is great, looks like I won't be paying hundreds extra per year for each insurance policy for the next 5 years then. Everyone with a record in Scotland should consider moving to England and contribute to their economy instead and maybe then they'll see how backwards the stupid extra 4 year unspent period for minor offences is.
Hola
Hola
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alexh07 - 15 Feb 20 6:19 PM
Hola - 15 Feb 20 8:25 AM
alexh07 - 14 Feb 20 3:54 AM
Hi, I got 136 hours community service and 2 years supervision for offending someone on Facebook in Scotland but have now moved to England.

It is my understanding that in Scotland this sentence takes 5 years to become spent but in England it takes 1 year.

I assumed that because I receieved the conviction in Scotland that I would have to declare this for the next 5 years for jobs, insurance, accommodation etc regardless of whether I am in England or Scotland but is that right? Or does my criminal record become spent after 1 year if I apply for a job in England for example?

Different offence but I was convicted in Scotland and living in England, and English law applies, at least that was my experience. Hope that helps

Wow that is great, looks like I won't be paying hundreds extra per year for each insurance policy for the next 5 years then. Everyone with a record in Scotland should consider moving to England and contribute to their economy instead and maybe then they'll see how backwards the stupid extra 4 year unspent period for minor offences is.

it might be worth checking with a solicitor as I'm not legally qualified, but that's defiitely what happened in my case.  I emailed PPU and checked with former social worker, and both gave me the 'English answer', knowing i was sentenced in Scotland
alexh07
alexh07
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I realised it might be slightly more complicated in my case because of the supervision as I read it say somewhere it lasts for the length of the supervision (or probation if that's the same thing?) order + 1 year.

The social worker I had in Scotland said there's nothing he can help me with so the meetings are pointless, and he wishes he could scrub the supervision 6 months into it because it's a waste of everyones time. I guess it's just there to show the public that "justice was served". He said about writing an application to get it scrubbed but I would probably still need to do 1 year of the supervision before he can put that forward
AB2014
AB2014
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alexh07 - 17 Feb 20 1:47 AM
I realised it might be slightly more complicated in my case because of the supervision as I read it say somewhere it lasts for the length of the supervision (or probation if that's the same thing?) order + 1 year.

The social worker I had in Scotland said there's nothing he can help me with so the meetings are pointless, and he wishes he could scrub the supervision 6 months into it because it's a waste of everyones time. I guess it's just there to show the public that "justice was served". He said about writing an application to get it scrubbed but I would probably still need to do 1 year of the supervision before he can put that forward

It will be one year after the end of the supervision. Before loads of people in Scotland think England is an easier option, the conviction would become spent in Scotland at the end of the supervision, a year earlier than in England....

=========================================================
Grrr! Aaargh!

alexh07
alexh07
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AB2014 - 17 Feb 20 10:01 AM
alexh07 - 17 Feb 20 1:47 AM
I realised it might be slightly more complicated in my case because of the supervision as I read it say somewhere it lasts for the length of the supervision (or probation if that's the same thing?) order + 1 year.

The social worker I had in Scotland said there's nothing he can help me with so the meetings are pointless, and he wishes he could scrub the supervision 6 months into it because it's a waste of everyones time. I guess it's just there to show the public that "justice was served". He said about writing an application to get it scrubbed but I would probably still need to do 1 year of the supervision before he can put that forward

It will be one year after the end of the supervision. Before loads of people in Scotland think England is an easier option, the conviction would become spent in Scotland at the end of the supervision, a year earlier than in England....

I thought in Scotland community orders which are usually made up of unpaid work and/or supervision had a 5 year minimum unspent period whereas in England it is 1 year?

"
Sentence/disposalRehabilitation period
Community Order/Service Community Order - 5 Years

https://www.nacro.org.uk/resettlement-advice-service/support-for-individuals/disclosing-criminal-records/rehabilitation-offenders-act/#scotland

AB2014
AB2014
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Posts: 563, Visits: 3.9K
alexh07 - 19 Feb 20 4:38 PM
AB2014 - 17 Feb 20 10:01 AM
alexh07 - 17 Feb 20 1:47 AM
I realised it might be slightly more complicated in my case because of the supervision as I read it say somewhere it lasts for the length of the supervision (or probation if that's the same thing?) order + 1 year.

The social worker I had in Scotland said there's nothing he can help me with so the meetings are pointless, and he wishes he could scrub the supervision 6 months into it because it's a waste of everyones time. I guess it's just there to show the public that "justice was served". He said about writing an application to get it scrubbed but I would probably still need to do 1 year of the supervision before he can put that forward

It will be one year after the end of the supervision. Before loads of people in Scotland think England is an easier option, the conviction would become spent in Scotland at the end of the supervision, a year earlier than in England....

I thought in Scotland community orders which are usually made up of unpaid work and/or supervision had a 5 year minimum unspent period whereas in England it is 1 year?

"
Sentence/disposalRehabilitation period
Community Order/Service Community Order - 5 Years

https://www.nacro.org.uk/resettlement-advice-service/support-for-individuals/disclosing-criminal-records/rehabilitation-offenders-act/#scotland

The law changed in Scotland last year. For a community order/community payback order, it's not five years any more - it's twelve months. In England it's still twelve months after the end of the original order.

=========================================================
Grrr! Aaargh!

alexh07
alexh07
Supreme Being
Supreme Being (998 reputation)Supreme Being (998 reputation)Supreme Being (998 reputation)Supreme Being (998 reputation)Supreme Being (998 reputation)Supreme Being (998 reputation)Supreme Being (998 reputation)Supreme Being (998 reputation)Supreme Being (998 reputation)

Group: Forum Members
Posts: 28, Visits: 139
I wasn't aware of this thanks for letting me know. Good to see the ridiculous 5 year unspent period doesn't apply for minor offences any more
GO


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