Tuesday, 7 August 2012

Spent and Unspent Criminal Convictions in the UK

Immigration cases which have been refused due to criminal proceedings can be challenged at the Tribunal  in the appeal hearing if they are spent.

It means that the some criminal conviction being spent if there has been no record of subsequent criminal activities since the first one was registered.
It allows you to tick in the applications forms as ''NO'' criminal convictions once it is considered spent under the Rehabilitation of offenders ACT 1974
The table underneath will help you to understand if your conviction is spent.


The following sentences become spent after fixed periods from the date of conviction.
Rehabilitation Period
Sentence
Over 18
when convicted
Under 18
when convicted
Prison sentence (including suspended sentences)
6 months to 2.5 years
10 yrs
5 yrs
Prison sentence (including suspended sentences)
6 months or less
7 yrs
3.5 yrs
Fines, probation, compensation, community service, reparation orders, curfew orders
5yrs
2.5 yrs
Absolute discharge
6 mths
6mths
Please note: Custodial sentences of more than two and a half years never become spent.
A custodial sentence, also known as a sentence of imprisonment, or detention, is where the offender is detained in custody for a period of time.
Never
Never

This act has helped many to reinstate their visas and decisions when the assessing officer is deprived with the knowledge of this particular law.

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