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Legal Aid, Sentencing and Punishment of Offenders Act 2012

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joshtr81
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Legal Aid, Sentencing and Punishment of Offenders Act 2012

Post by joshtr81 » Wed May 02, 2012 9:24 pm

This Act has been passed now and needs to be in force by next April. Does this include changes to rehabilitation periods for those applying for naturalization as it does for British Citizens?

:?:

goodfellow1
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Post by goodfellow1 » Sat May 05, 2012 1:07 am

The Legal Aid, Sentencing and Punishment of Offenders Bill was introduced into the House of Commons on 21 June 2011Once the Commons and Lords agree on the final version of the Bill, it can receive Royal Assent and become an Act of Parliament (the proposals of the Bill now become law).IT HAS NOT BEEN PASSED YET.
Nacro is disappointed that details of when and how the Rehabilitation of Offenders Act will be reformed were not in the Ministry of Justice’s response to the Breaking the Cycle Green Paper.
Nacro was expecting news about the 1974 Rehabilitation of Offenders Act (RoA) to be in the Legal Aid, Sentencing and Punishment of Offenders Bill, which was released to Parliament on June 21.

MPH80
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Post by MPH80 » Sat May 05, 2012 8:38 am

Erm .. goodfellow1 ... it looks like it's got royal assent to me:

http://services.parliament.uk/bills/201 ... nders.html

M.

goodfellow1
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Post by goodfellow1 » Sat May 05, 2012 10:39 am

Hmmm, interesting... Couple of days already, thanks for the update fella

joshtr81
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Post by joshtr81 » Sun May 06, 2012 2:12 am

It achieved royal assent on the 26th April....is to be implemented by April 2013. The breaking the cycle green paper has technically been included. Rehabilitation of offenders Act will probably now be changed etc!

joshtr81
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Post by joshtr81 » Wed May 09, 2012 1:33 am

http://www.legislation.gov.uk/ukpga/201 ... ts/enacted this is the link to the Act

section 140 of the Act -
http://www.legislation.gov.uk/ukpga/201 ... 40/enacted reads:

Before section 57 of the UK Borders Act 2007 (and after the italic cross-heading before that section) insert—

“56ANo rehabilitation for certain immigration or nationality purposes

(1)Section 4(1), (2) and (3) of the Rehabilitation of Offenders Act 1974 (effect of rehabilitation) do not apply—
(a)in relation to any proceedings in respect of a relevant immigration decision or a relevant nationality decision, or
(b)otherwise for the purposes of, or in connection with, any such decision.
(2)In this section—
“immigration officer” means a person appointed by the Secretary of State as an immigration officer under paragraph 1 of Schedule 2 to the Immigration Act 1971,

“relevant immigration decision” means any decision, or proposed decision, of the Secretary of State or an immigration officer under or by virtue of the Immigration Acts, or rules made under section 3 of the Immigration Act 1971 (immigration rules), in relation to the entitlement of a person to enter or remain in the United Kingdom (including, in particular, the removal of a person from the United Kingdom, whether by deportation or otherwise),

“relevant nationality decision” means any decision, or proposed decision, of the Secretary of State under or by virtue of—

(a)the British Nationality Act 1981,

(b)the British Nationality (Hong Kong) Act 1990, or

(c)the Hong Kong (War Wives and Widows) Act 1996,

in relation to the good character of a person.

(3)The references in subsection (2) to the Immigration Acts and to the Acts listed in the definition of “relevant nationality decision” include references to any provision made under section 2(2) of the European Communities Act 1972, or of EU law, which relates to the subject matter of the Act concerned.”

what does everyone make of this?

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