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Theskeat

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I see from MR that it seems that the building firm was run by and employed criminals. No wonder things went pear shaped.

 

 

On the Isle of Man any criminal conviction you have stays with you for life, not like in the UK >Rehabitation of Criminals act< after a period of time a conviction is spent.

 

If you are charged with an driving offence on the Island, appear in court and given an absolute discharge your still classed as a criminal, But having a piss behind a wall almost forty years ago and being fined £6.00 is a case of grasping at straws.

 

Edit to add, parking fines are also classed as a criminal act, so if you get a ticket pay it or your classed as a bad person for the rest of your life.

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There is a rehab of offenders act here too.

 

If you read the Manx Act, you will see its a Human rights violation

 

Sorry it does not have the same protection as other countries, if a Advocate in a Manx Court can reveal that a person was fined £6 for having a piss behind a wall nearly 40 years ago, what does that tell you, and that was from the juvinile court

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There is a rehab of offenders act here too.

 

If you read the Manx Act, you will see its a Human rights violation

 

Sorry it does not have the same protection as other countries, if a Advocate in a Manx Court can reveal that a person was fined £6 for having a piss behind a wall nearly 40 years ago, what does that tell you, and that was from the juvinile court

 

I think you'll find it does. The Manx Act as far as I am aware is the same as the UK Act. There are only certain cases where you have to disclose fully (ie. if your applying for a gov job that requires a Police check you can't rely on your general right to not disclose spent convictions - you have to disclose everything that is material). I'm pretty sure its the same in the UK as well.

 

the UK: Under the Rehabilitation of Offenders Act 1974 criminal convictions can become spent or ignored after a rehabilitation period, although they remain on the Police National Computer. The rehabilitation period varies depending on the sentence or order imposed by the court - not the offence. Custodial sentences of more than two and half years can never become spent. The following sentences become spent after fixed periods from the date of conviction:

 

Rehabilitation Period per Sentence

 

Prison for more than two and a half years - never

Prison for more than six months but less than two and a half years - 10 years

Prison for six months or less - 7 years

Fine - 5 years

Dismissal with disgrace from Her Majesty's service - 10 years

Dismissal from Her Majesty's service - 7 years

Detention in respect of conviction in service disciplinary proceedings - 5 years

Borstal - 7 years

Detention for over six months but less than two and a half years - 5 years

Detention for six months or less - 3 years

Probation - 5 years

Hospital order under Mental Health Act 1983 - 5 years or 2 years after order ceases to have effect, whichever is the longer

Absolute discharge - 6 months

Conditional discharge, probation order, binding over, care order, supervision order - 1 year after conviction of the order or 1 year after the order ends, whichever is the longer

Disqualification - The period of disqualification

Note: These periods are reduced by half if the offender was under eighteen at the date of conviction.

The following sentences can never become spent:

A sentence of imprisonment, youth custody detention in a young offender institution or corrective training, for a term of more than two and a half years.

A sentence of imprisonment for life.

A sentence of preventive detention.

Detention during Her Majesty's pleasure or for life.

 

If you are convicted during the rehabilitation period of an offence which can only be tried by a magistrates' court, the new sentence will carry its own rehabilitation period and will not affect the earlier one. If the second offence is more serious and you receive a sentence covered by the Rehabilitation of Offenders Act 1974 , the earlier conviction will become spent only when the later one becomes spent. If a person is given a sentence which can never become spent, this also prevents an earlier unspent conviction from becoming spent.

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I think you'll find it does. The Manx Act as far as I am aware is the same as the UK Act. There are only certain cases where you have to disclose fully (ie. if your applying for a gov job that requires a Police check you can't rely on your general right to not disclose spent convictions - you have to disclose everything that is material). I'm pretty sure its the same in the UK as well.

 

You are absolutely correct. I did my own research into this last year when I had to undergo security vetting. Regardless of that, in an Manx or UK court they have full access to your criminal history. Why on Earth anyone would think that is not important information for a court to have in a criminal case is incredible really. Granted it seems a little irrelevant in this instance (if people are to be believed) but it has to be a binary status, there's no room for discretion.

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You are absolutely correct. I did my own research into this last year when I had to undergo security vetting. Regardless of that, in an Manx or UK court they have full access to your criminal history. Why on Earth anyone would think that is not important information for a court to have in a criminal case is incredible really. Granted it seems a little irrelevant in this instance (if people are to be believed) but it has to be a binary status, there's no room for discretion.

In the vetting process you also have to list dates/fines, or even being stopped, anywhere.

 

I thought in court cases they did not get to know whether you had previous convictions - as this might sway the jury? There was talk of this changing - I was not aware it had, though in certain circumstances they have the right to ask.

 

From UK Link "If you do give evidence, the prosecution will not normally be able to ask you about any previous convictions you may have. However, if you give or call evidence of your own good character (i.e. suggest that you do not have any previous convictions when you do), or attack the character of any prosecution witnesses (as opposed to disputing their evidence), the court may allow them to do so."

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You are absolutely correct. I did my own research into this last year when I had to undergo security vetting. Regardless of that, in an Manx or UK court they have full access to your criminal history. Why on Earth anyone would think that is not important information for a court to have in a criminal case is incredible really. Granted it seems a little irrelevant in this instance (if people are to be believed) but it has to be a binary status, there's no room for discretion.

So you haven't quite managed to grasp the rather quaint notion of "innocent until proven guilty" then.

 

Why am I not surprised....

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