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LASPO: When is Offenders Act 2012 is being implemented?

Posted: Tue Apr 16, 2013 4:06 pm
by DrFixit
I heard according to new LASPO bill, the conviction for non custodial sentences/fines will be considered spent after 1 year. Is there any news on when it is being implemented as it was likely to be commenced during spring and whether it will have any impact on UKBA?

Re: LASPO: When is Offenders Act 2012 is being implemented?

Posted: Tue Apr 16, 2013 8:07 pm
by alanwong
DrFixit wrote:I heard according to new LASPO bill, the conviction for non custodial sentences/fines will be considered spent after 1 year. Is there any news on when it is being implemented as it was likely to be commenced during spring and whether it will have any impact on UKBA?
Have a look at this link
http://www.justice.gov.uk/youth-justice ... s-act-2012

Re: LASPO: When is Offenders Act 2012 is being implemented?

Posted: Wed Apr 17, 2013 10:33 am
by DrFixit
alanwong wrote:Have a look at this link
http://www.justice.gov.uk/youth-justice ... s-act-2012
The provisions regarding the rehabilitation of offenders are not expected to come into effect until the end of 2013.
Thanks for the link, i think the information in it is for the youth, people under 18. It seems like Fines become unspent after 6 months for people under 18? but apparently it won't come into effect until the end of 2013?

Re: LASPO: When is Offenders Act 2012 is being implemented?

Posted: Wed Apr 17, 2013 3:58 pm
by Amber
DrFixit wrote:
alanwong wrote:Have a look at this link
http://www.justice.gov.uk/youth-justice ... s-act-2012
The provisions regarding the rehabilitation of offenders are not expected to come into effect until the end of 2013.
Thanks for the link, i think the information in it is for the youth, people under 18. It seems like Fines become unspent after 6 months for people under 18? but apparently it won't come into effect until the end of 2013?
See http://www.legislation.gov.uk/ukpga/201 ... /8/enacted

Re: LASPO: When is Offenders Act 2012 is being implemented?

Posted: Thu Apr 18, 2013 3:09 pm
by DrFixit
D4109125 wrote:
DrFixit wrote:
alanwong wrote:Have a look at this link
http://www.justice.gov.uk/youth-justice ... s-act-2012
The provisions regarding the rehabilitation of offenders are not expected to come into effect until the end of 2013.
Thanks for the link, i think the information in it is for the youth, people under 18. It seems like Fines become unspent after 6 months for people under 18? but apparently it won't come into effect until the end of 2013?
See http://www.legislation.gov.uk/ukpga/201 ... /8/enacted
I checked that, according to that fines will become spent after 1 year, but question is, when is this going to be implemented? it was supposed to be spring this year, but i don't see any news on implementation date?

Also i would like to know its impact on ILR

Re: LASPO: When is Offenders Act 2012 is being implemented?

Posted: Thu Apr 18, 2013 3:39 pm
by Amber
DrFixit wrote:
D4109125 wrote:
DrFixit wrote:
alanwong wrote:Have a look at this link
http://www.justice.gov.uk/youth-justice ... s-act-2012
The provisions regarding the rehabilitation of offenders are not expected to come into effect until the end of 2013.
Thanks for the link, i think the information in it is for the youth, people under 18. It seems like Fines become unspent after 6 months for people under 18? but apparently it won't come into effect until the end of 2013?
See http://www.legislation.gov.uk/ukpga/201 ... /8/enacted
I checked that, according to that fines will become spent after 1 year, but question is, when is this going to be implemented? it was supposed to be spring this year, but i don't see any news on implementation date?

Also i would like to know its impact on ILR
The amendments are expected to take effect and the end of the year. For the purpose of ILR and naturalisation they both have their own requirements for 'Good Character' that are outside the scope of the Rehabilitation of Offenders Act. Therefore, the amendments are unlikely to affect the way in which the current requirements are administered.

Re: LASPO: When is Offenders Act 2012 is being implemented?

Posted: Thu Apr 18, 2013 5:01 pm
by DrFixit
D4109125 wrote:
The amendments are expected to take effect and the end of the year. For the purpose of ILR and naturalisation they both have their own requirements for 'Good Character' that are outside the scope of the Rehabilitation of Offenders Act. Therefore, the amendments are unlikely to affect the way in which the current requirements are administered.
Thanks for your input Amber, it seems like it shall be implemented in November. I am in country for 9 years and in August i will be able to apply for ILR on 10 years residency, too bad tomorrow I am having a court hearing regarding TV licence, if they fine me, there go my ILR :(

Re: LASPO: When is Offenders Act 2012 is being implemented?

Posted: Thu Apr 18, 2013 5:04 pm
by Amber
DrFixit wrote:
D4109125 wrote:
The amendments are expected to take effect and the end of the year. For the purpose of ILR and naturalisation they both have their own requirements for 'Good Character' that are outside the scope of the Rehabilitation of Offenders Act. Therefore, the amendments are unlikely to affect the way in which the current requirements are administered.
Thanks for your input Amber, it seems like it shall be implemented in November. I am in country for 9 years and in August i will be able to apply for ILR on 10 years residency, too bad tomorrow I am having a court hearing regarding TV licence, if they fine me, there go my ILR :(
Well unless you have a defence you will face a fine or custody though the latter is unlikely for a first time offence. And yes if you receive a fine then you will have to wait 24 months until you can apply for ILR. You will just have to extend your visa or do another course until such times as you can apply for ILR.

Re: LASPO: When is Offenders Act 2012 is being implemented?

Posted: Fri Apr 19, 2013 6:26 am
by zen135
DrFixit wrote:
D4109125 wrote:
The amendments are expected to take effect and the end of the year. For the purpose of ILR and naturalisation they both have their own requirements for 'Good Character' that are outside the scope of the Rehabilitation of Offenders Act. Therefore, the amendments are unlikely to affect the way in which the current requirements are administered.
Thanks for your input Amber, it seems like it shall be implemented in November. I am in country for 9 years and in August i will be able to apply for ILR on 10 years residency, too bad tomorrow I am having a court hearing regarding TV licence, if they fine me, there go my ILR :(
As a last ditch effort, I would advise you to call TV Licensing's Prosecutions Department on 03007906034, explain your difficult circumstances and offer to pay for the license in full or by direct debit if they agree to withdraw the case against you. I faced a similar issue around 2 years back and followed the same course.

Failing that, try to attend the court hearing and speak to their solicitor before the hearing and see if they can help. They tend to withdraw some cases before the hearing if you can reach an agreement.

Re: LASPO: When is Offenders Act 2012 is being implemented?

Posted: Fri Apr 19, 2013 11:17 am
by DrFixit
zen135 wrote: As a last ditch effort, I would advise you to call TV Licensing's Prosecutions Department on 03007906034, explain your difficult circumstances and offer to pay for the license in full or by direct debit if they agree to withdraw the case against you. I faced a similar issue around 2 years back and followed the same course.

Failing that, try to attend the court hearing and speak to their solicitor before the hearing and see if they can help. They tend to withdraw some cases before the hearing if you can reach an agreement.
Thanks a lot Zen, i called TVL several times around Feb, they were just rude and did not want to back off, they simply wanted me to plead guilty. I went to court and pleaded not guilty, they gave me new date for the hearing, i am now going to court in 2 hours time, fingers crossed. I shall try to talk to their solicitor before hand if they allow me.

Posted: Fri Apr 19, 2013 2:51 pm
by DrFixit
Just to update all of you, i have won the case :) no more threats to my ILR 8)

Posted: Fri Apr 19, 2013 3:08 pm
by Amber
DrFixit wrote:Just to update all of you, i have won the case :) no more threats to my ILR 8)
Congratulations. May this ensure you pay your TV licence on time in the future.

Posted: Fri Apr 19, 2013 11:57 pm
by DrFixit
D4109125 wrote:
DrFixit wrote:Just to update all of you, i have won the case :) no more threats to my ILR 8)
Congratulations. May this ensure you pay your TV licence on time in the future.
No, i will make sure i don't open the door to them next time.

Posted: Sat Apr 20, 2013 4:38 am
by Amber
DrFixit wrote:
D4109125 wrote:
DrFixit wrote:Just to update all of you, i have won the case :) no more threats to my ILR 8)
Congratulations. May this ensure you pay your TV licence on time in the future.
No, i will make sure i don't open the door to them next time.
:?