Rehabilitation of Offenders (Amendment) Bill 2011

[eejzx]

So as you can tell I'm a bit frantic about my husband's ilr, the fact that he's going to have to wait another 2 and a half years, which is 2 more applications for flr is driving me a little crazy... anyway after some research found that there is an ammended bill before parliment atm that states the following amendment...

A fine or any other sentence subject to
rehabilitation under this Act, not being
a sentence to which any of subsections
(3) to (8 ) applies.

One year or, in the case of a person
aged under 18 at the time of his
conviction, six months.

Is this relevant to the new criminality threshold? In terms of fines being issued by a court? Would appreciate some insight as I'm not sure whether I'm looking too much into something that's not actually there.

Thanks again for any replies!

Link to the bill...

http://www.publications.parliament.uk/p ... 2.htm#l1g1

[geriatrix]

Relevant from when the bill becomes law.

[eejzx]

Thanks for your reply, hopefully before two years...

[John]

A couple of points. Just because there is a Bill progressing through Parliament is absolutely no guarantee that the Bill will become an Act. And here we are talking about a Private Members Bill, one that should complete its passage in the Lords next week.

However it then needs to start its progress in the Commons, where it needs to be read three times before it can get the Royal Assent. Also it needs to complete its passage in the Commons before the Queen's Speech in the Spring, unless a resolution is passed enabling it to be held over until the next session of Parliament, the one that starts after the Queen's Speech. It is rare for a Private Members Bill to be the subject of such a resolution.

However, a couple of days ago I emailed Lord Dholakia, the LibDem Peer who presented the Bill in the House of Lords and who has expertly guided it through the Lords to its third reading next week. I asked him what he has done about trying to get it through the Commons. In particular I asked if he has got all-party support for the Bill. I have yet to receive a reply, but it is only a couple of days before I wrote to him.

[John]

I have now received an email from Lord Dholakia who is the private member who has guided the Bill through the House of Lords. He firstly confirms that the Bill will get its third reading this week unamended. That is scheduled for Wednesday.

He also confirms that "Julian Huppert MP for Cambridge will take the Bill through the Commons", and it is good news that he has found an MP to take on that important task.

In my email to him I asked if he would welcome me writing to my MP, who is Labour. Has has replied "Yes do get your MP to support it.". If this is going to become law it is the case that all-party support is necessary. So I shall indeed write to my MP, and if you have an interest in this matter, please also write to your own MP, irrespective of their party, urging them to support this Bill.

To read the Bill ...... click here. If you do read it you will see that it is very short, which will greatly enhance its chances of becoming law. But nothing is guaranteed here.

[Attiler]

John,

Thank you for the feedback on this bill going through Parliament. I am a novice on the passage of bills so bear with me, I have two questions:

Given that it has or is expected successful gone through the house or Lords, do you think it is enough to be optimistic that it will be successful in the House of Commons?

I live and work in Scotland so I would like to know if this will be of benefit to me from an ILR application standpoint as it says it is valid for England and Wales only.

Regards.

[eejzx]

Thanks for the update John. I'll write to my MP.

Attiler, we are in the same boat as you, we live in Scotland but are planning to move to England in a year or so, if the bill is passed while we're still in Scotland I'm not sure if we're better off waiting until we move to England..

Why would it the not apply to those in Scotland? It doesn't make sense that it only applies to those in England and Wales.

[John]

I have just been watching the House of Lords live on the internet, at parliamentlive.tv . I confirm that the Bill has got its formal third reading and has been moved to the House of Commons.

Why would it the not apply to those in Scotland?

I suspect because this is a devolved matter, and it is up to the Scottish Parliament to decide upon this in Scotland.

It might be worth someone checking if the Scottish Parliament has made any progress on this matter?

To me it would be daft if a conviction is considered spent in England, but not in Scotland, or vice versa.

[Attiler]

Guys,

Thanks for your comments. I checked the Scottish parliament website and it says that the Scottish Government has decided that no Legislative Consent Motion is required. I read this to mean that they would not adopt this bill even if it becomes law. What do you guys think?

With regards moving from Scotland to England, I do not think it matters much. If the "crime" was committed in Scotland, I guess it would fall under Scottish laws.

http://www.scottish.parliament.uk/help/16075.aspx

What do you think? What are the chances of this bill becoming law given it have gone through the House of Lords successfully? Or is the success of bills in both houses unrelated?

Regards,

Attiler

[John]

I believe there is good news about the Rehabilitation of Offenders Act. Government amendment 185F has been added to a Bill going through Parliament.

Have a look at this section of Lords Hansard, and then search for 185F. Reading down you will see a list of new spent periods, including just one year for a fine.

These Government amendments having been added to the Legal Aid, Sentencing and Punishment of Offenders Bill, Lord Dholakia's own Bill, mentioned earlier in this topic, will no doubt now be dropped.

[st_allis]

I believe there is good news about the Rehabilitation of Offenders Act. Government amendment 185F has been added to a Bill going through Parliament.

Have a look at this section of Lords Hansard, and then search for 185F. Reading down you will see a list of new spent periods, including just one year for a fine.

These Government amendments having been added to the Legal Aid, Sentencing and Punishment of Offenders Bill, Lord Dholakia's own Bill, mentioned earlier in this topic, will no doubt now be dropped.

I'm afraid I have some bad news

Look here http://www.justice.gov.uk/downloads/pub ... act-ia.pdf
page 9, clause 40

These reforms exempt UKBA from the ROA enabling them to operate wholly outside the Act and take into account information relating to an applicant’s spent and unspent convictions

It does not really matter if 185F make spending terms shorter if UKBA is wholly outside of the act.

[John]

It does not really matter if 185F make spending terms shorter if UKBA is wholly outside of the act.

UKBA is not "wholly outside the act", no more than every school in the country.

[st_allis]

It does not really matter if 185F make spending terms shorter if UKBA is wholly outside of the act.

UKBA is not "wholly outside the act", no more than every school in the country.

Going to argue with a document from justice.gov.uk ?

It is not "outside the act" right now but after this reform it will be.

Read the goverment document, pls.

[John]

I have read it, and clearly you have not.

You are totally overstating a possible difficulty.

[st_allis]

I have read it, and clearly you have not.

You are totally overstating a possible difficulty.

Denial of government's documents will not help us. We have to be prepared.