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Spent Conviction with Extended Licence


Spent Conviction with Extended Licence

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LongAgo
LongAgo
Supreme Being
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ED - 6 Jan 25 3:19 PM
This is more complicated than it seems on first appearance, I'd say.

Firstly, you need to determine exactly what the terms of your extended sentence were and what the regime in operation was at the time you were sentenced (extended sentence have changed plenty of times over the last 10-15 years). You need to determine whether your extended licence period is part of a "Public Protection sentence". My best educated guess is that this will be classed as a Public Protection sentence and therefore cannot become spent.

A prison sentence of over 4 years can be spent after 7 years providing the offence you were convicted of is not listed in Schedule 18 of the Sentencing Act 2020 or is a Public Protection Sentence.


'How long do I have to disclose my criminal record for?' - A detailed guide to the Rehabilitation of Offenders Act 1974 - Unlock

If your extended sentence is deemed a "Public Protection" sentence, then the conviction cannot become spent. 
If it is not a Public Protection sentence, you then need to check the exact offence you were convicted of.
These are both Schedule 18 offences as per the Government publication: An offence under section 160 of the Criminal Justice Act 1988 (possession of indecent photograph of a child). An offence under section 1 of the Protection of Children Act 1978 (indecent photographs of children).
However these are not always the exact offences charged when these sorts of matters arise and it is possible for them to be charged under other Acts, which may mean they become eligible to become spent. If you however were charged and convicted under either of the above acts/offences, and received over 4 years imprisonment (which in your case, you did, as the period is imprisonment + extended licence), the conviction cannot become spent even if it is not a Public Protection sentence.

I realise this is somewhat complicated but hopefully I've been able to explain it as clearly as possible for you.



Thank you Ed.  Armed with all that you offered I'm going to see if I can dredge up the the Act under which I was charged and get back to you. Thank you again for the effort involved in your response 
E
E
Supreme Being
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This is more complicated than it seems on first appearance, I'd say.

Firstly, you need to determine exactly what the terms of your extended sentence were and what the regime in operation was at the time you were sentenced (extended sentence have changed plenty of times over the last 10-15 years). You need to determine whether your extended licence period is part of a "Public Protection sentence". My best educated guess is that this will be classed as a Public Protection sentence and therefore cannot become spent.

A prison sentence of over 4 years can be spent after 7 years providing the offence you were convicted of is not listed in Schedule 18 of the Sentencing Act 2020 or is a Public Protection Sentence.


'How long do I have to disclose my criminal record for?' - A detailed guide to the Rehabilitation of Offenders Act 1974 - Unlock

If your extended sentence is deemed a "Public Protection" sentence, then the conviction cannot become spent. 
If it is not a Public Protection sentence, you then need to check the exact offence you were convicted of.
These are both Schedule 18 offences as per the Government publication: An offence under section 160 of the Criminal Justice Act 1988 (possession of indecent photograph of a child). An offence under section 1 of the Protection of Children Act 1978 (indecent photographs of children).
However these are not always the exact offences charged when these sorts of matters arise and it is possible for them to be charged under other Acts, which may mean they become eligible to become spent. If you however were charged and convicted under either of the above acts/offences, and received over 4 years imprisonment (which in your case, you did, as the period is imprisonment + extended licence), the conviction cannot become spent even if it is not a Public Protection sentence.

I realise this is somewhat complicated but hopefully I've been able to explain it as clearly as possible for you.



LongAgo
LongAgo
Supreme Being
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AB2014 - 2 Jan 25 10:02 AM
iowian - 1 Jan 25 5:07 PM
AB2014 - 31 Dec 24 10:32 AM
iowian - 21 Dec 24 5:09 PM
Using the  Unlock tool or the Government's  does not let me describe the complete sentence I received.
I was convicted in 2005 of an images offence. I received a 2 year custodial sentence with a 3 year extended licence period. The ELP is the tricky part to factor in. Anyone able to offer an answer? Guess what two solicitors have given me 2 different answers. Thank you

The extended licence period is added to the custodial sentence, which makes five years. Before the changes brought in under PCSC, it would never have become spent, but as the offence is not on the list of specified sexual offences in Schedule 18 of the Sentencing Act 2020, it can now become spent. That would normally be after the five years plus another seven, or the date the law was changed, whichever is later, so it could have become spent in November 2023. However, if you were given a SOPO with the conviction and that is still in force, the conviction will become spent when the SOPO is ended by the court.

Thanks for replying AB2014.  Couple of things. I took a look at Schedule 18 of the 2020 Act and saw an item at no. 37 relating to indecent image possession. Is this relevant? Secondly how did you arrive at the 2023 date? Sorry for being a dope but I do appreciate your input. Thanks again


Well, first of all, section 37 of the Sexual Offences Act 2003 is nothing to do with images. Images are dealt with by section 45, which is not covered by the Sentencing Act 2020. The 2023 date is when the Rehabilitation of Offenders Act was updated to allow some convictions that resulted in a prison sentence longer than four years to become spent. Before that, they couldn't become spent, so yours couldn't become spent until the law was changed in November 2023.

Understood perfectly. Thank you. But my offence would be classed as sexual would it not (possession ioc)? And therefore never spent. Hope I'm wrong AB2014
AB2014
AB2014
Supreme Being
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iowian - 1 Jan 25 5:07 PM
AB2014 - 31 Dec 24 10:32 AM
iowian - 21 Dec 24 5:09 PM
Using the  Unlock tool or the Government's  does not let me describe the complete sentence I received.
I was convicted in 2005 of an images offence. I received a 2 year custodial sentence with a 3 year extended licence period. The ELP is the tricky part to factor in. Anyone able to offer an answer? Guess what two solicitors have given me 2 different answers. Thank you

The extended licence period is added to the custodial sentence, which makes five years. Before the changes brought in under PCSC, it would never have become spent, but as the offence is not on the list of specified sexual offences in Schedule 18 of the Sentencing Act 2020, it can now become spent. That would normally be after the five years plus another seven, or the date the law was changed, whichever is later, so it could have become spent in November 2023. However, if you were given a SOPO with the conviction and that is still in force, the conviction will become spent when the SOPO is ended by the court.

Thanks for replying AB2014.  Couple of things. I took a look at Schedule 18 of the 2020 Act and saw an item at no. 37 relating to indecent image possession. Is this relevant? Secondly how did you arrive at the 2023 date? Sorry for being a dope but I do appreciate your input. Thanks again


Well, first of all, section 37 of the Sexual Offences Act 2003 is nothing to do with images. Images are dealt with by section 45, which is not covered by the Sentencing Act 2020. The 2023 date is when the Rehabilitation of Offenders Act was updated to allow some convictions that resulted in a prison sentence longer than four years to become spent. Before that, they couldn't become spent, so yours couldn't become spent until the law was changed in November 2023.

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

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)

LongAgo
LongAgo
Supreme Being
Supreme Being (3.9K reputation)Supreme Being (3.9K reputation)Supreme Being (3.9K reputation)Supreme Being (3.9K reputation)Supreme Being (3.9K reputation)Supreme Being (3.9K reputation)Supreme Being (3.9K reputation)Supreme Being (3.9K reputation)Supreme Being (3.9K reputation)

Group: Forum Members
Posts: 54, Visits: 4.3K
AB2014 - 31 Dec 24 10:32 AM
iowian - 21 Dec 24 5:09 PM
Using the  Unlock tool or the Government's  does not let me describe the complete sentence I received.
I was convicted in 2005 of an images offence. I received a 2 year custodial sentence with a 3 year extended licence period. The ELP is the tricky part to factor in. Anyone able to offer an answer? Guess what two solicitors have given me 2 different answers. Thank you

The extended licence period is added to the custodial sentence, which makes five years. Before the changes brought in under PCSC, it would never have become spent, but as the offence is not on the list of specified sexual offences in Schedule 18 of the Sentencing Act 2020, it can now become spent. That would normally be after the five years plus another seven, or the date the law was changed, whichever is later, so it could have become spent in November 2023. However, if you were given a SOPO with the conviction and that is still in force, the conviction will become spent when the SOPO is ended by the court.

Thanks for replying AB2014.  Couple of things. I took a look at Schedule 18 of the 2020 Act and saw an item at no. 37 relating to indecent image possession. Is this relevant? Secondly how did you arrive at the 2023 date? Sorry for being a dope but I do appreciate your input. Thanks again


AB2014
AB2014
Supreme Being
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Posts: 1.1K, Visits: 7.6K
iowian - 21 Dec 24 5:09 PM
Using the  Unlock tool or the Government's  does not let me describe the complete sentence I received.
I was convicted in 2005 of an images offence. I received a 2 year custodial sentence with a 3 year extended licence period. The ELP is the tricky part to factor in. Anyone able to offer an answer? Guess what two solicitors have given me 2 different answers. Thank you

The extended licence period is added to the custodial sentence, which makes five years. Before the changes brought in under PCSC, it would never have become spent, but as the offence is not on the list of specified sexual offences in Schedule 18 of the Sentencing Act 2020, it can now become spent. That would normally be after the five years plus another seven, or the date the law was changed, whichever is later, so it could have become spent in November 2023. However, if you were given a SOPO with the conviction and that is still in force, the conviction will become spent when the SOPO is ended by the court.

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

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)

LongAgo
LongAgo
Supreme Being
Supreme Being (3.9K reputation)Supreme Being (3.9K reputation)Supreme Being (3.9K reputation)Supreme Being (3.9K reputation)Supreme Being (3.9K reputation)Supreme Being (3.9K reputation)Supreme Being (3.9K reputation)Supreme Being (3.9K reputation)Supreme Being (3.9K reputation)

Group: Forum Members
Posts: 54, Visits: 4.3K
Using the  Unlock tool or the Government's  does not let me describe the complete sentence I received.
I was convicted in 2005 of an images offence. I received a 2 year custodial sentence with a 3 year extended licence period. The ELP is the tricky part to factor in. Anyone able to offer an answer? Guess what two solicitors have given me 2 different answers. Thank you
 
GO


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