Military convictions V Civvy convictions

#1
As Military law seems to be featuring quite a bit in the papers and on these boards I was wondering if someone in the know could tell me why the ACPO throws up my military conviction (Drunk at sea, Captains table, loss of good conduct and 21 days no 9 punishment) from 20 years ago but not any Civvy ones when I have to get a police certificate for immigration reasons. Does the rehabilitation of offenders act not apply for military convictions?
 
#4
Well you would go calling the Master At Arms the Chief Postman Pat.
 
#6
As Military law seems to be featuring quite a bit in the papers and on these boards I was wondering if someone in the know could tell me why the ACPO throws up my military conviction (Drunk at sea, Captains table, loss of good conduct and 21 days no 9 punishment) from 20 years ago but not any Civvy ones when I have to get a police certificate for immigration reasons. Does the rehabilitation of offenders act not apply for military convictions?
As the sentence was not a custodial one it should surely evaporate after five years according to the Rehabilitation of Offenders Act 1974, get your brief onto it!
 
#7
That's my point, it hasn't and I get the joy of paying the ACPO thirty odd quid a pop to spurt out a report about me getting done by Pusser 20 years ago.
 
#8
As the sentence was not a custodial one it should surely evaporate after five years according to the Rehabilitation of Offenders Act 1974, get your brief onto it!
What he said - get a lawyer, but preferably research the act yourself - its not that big. ROA does not apply to subject access reports (if that's what you mean by an ACPO police report) though - they're just a straightforward list what's still on PNC.

If not a Subject Access and you got a disclosure cert from CRB et al and you had a military con disclosed - look into it very, very carefully - your con may have been disclosed in error.

Also, consider that weeding periods are different for certain types of con - that said, military cons are v.rarely weeded as mil plod are bloody lazy at removing them.



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#9
What he said - get a lawyer, but preferably research the act yourself - its not that big. ROA does not apply to subject access reports (if that's what you mean by an ACPO police report) though - they're just a straightforward list what's still on PNC.

If not a Subject Access and you got a disclosure cert from CRB et al and you had a military con disclosed - look into it very, very carefully - your con may have been disclosed in error.

Also, consider that weeding periods are different for certain types of con - that said, military cons are v.rarely weeded as mil plod are bloody lazy at removing them.

You surprise me.......
 
#10
What he said - get a lawyer, but preferably research the act yourself - its not that big. ROA does not apply to subject access reports (if that's what you mean by an ACPO police report) though - they're just a straightforward list what's still on PNC.

If not a Subject Access and you got a disclosure cert from CRB et al and you had a military con disclosed - look into it very, very carefully - your con may have been disclosed in error.

Also, consider that weeding periods are different for certain types of con - that said, military cons are v.rarely weeded as mil plod are bloody lazy at removing them.

You surprise me.......
 
#11
When I moved to Aus I got a printout that said I had a conviction recorded for a civilian offense for something that was dealt with under Sect 69 I.e. completely different to what I was actually charged with.

It hasn't really made any difference to me up to now, but how would I get the recorded corrected?

Happy to PM a few details to anyone with relevant advice!


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#12
Sensible answer: Ring the CRB directly on 0870 9090778 (or for you, +44 8709090778 ) and they should be able to tell you what to do.

ARRSE answer: What did you do, you dodgy bastard?
 
#15
We never truly delete someone's records, even if their convictions have "expired" for disclosure purposes under the ROA - they are *always* available to police, even if they happened 50 years ago. However, anything that happened pre-1991(ish) won't be held electronically on the PNC, unless someone has committed an offence after that date.

If you've asked for a Subject Access Disclosure, i.e. for all the information the police hold on you, well - there you have it. The difference is, we (the fuzz) wouldn't disclose it to a third party if it has expired under ROA. As others have suggested, the best bet is to contact a friendly brief and ask the best way forward. There is no way on earth your conviction for this offence would be disclosable that I can see - in any circumstances. But, by the very nature of the way this information has been supplied to you (correctly, it seems), you can't help but disclose it to a third party.
 
#16
So would a few weeks in military nick for being AWOL show up
I'm going to yank land this year knowing that there visa system is very shit hot over convictions and all I do not fancy getting fucked off at the door.
 
#18
Rehabilitation of Offenders Act applies to what you have to disclose - after 5 years the conviction is spent and you no longer have to disclose it, say to potential employers. However, to the best of my knowledge it will always and forever remain on your records if someone checks them.

That being said, not wanting to miss a chance to knock the 'lazy mil plod' replied to by Alexander, but where did you get the idea from that 'Mil Plod' have a responsibility for 'weeding' people's convictions anyway - surely you mean lazy J1 staffs at the relevant pay and records section?
 
#19
Rehabilitation of Offenders Act applies to what you have to disclose - after 5 years the conviction is spent and you no longer have to disclose it, say to potential employers.
Only for non-custodial sentences. It can be for 10 years for up to 2.5yrs imprisonment - anything more than that, and it's forever. It also depends what field you're applying to work in - teachers, social workers, police officers, healthcare professionals, solicitors and so on - are all exempt from ROA. However, I don't believe any of it is relevant to an immigration application, since the ROA only deals with employment issues, and only in Britain. Something that wouldn't be disclosable in Britain might well be under US law, for example, and this is where the OP will need to take legal advice. I'm pretty sound on criminal law, but not so good on immigration matters.
 

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