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Arrested and detained in Mayfair....

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3crown
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Arrested and detained in Mayfair....

Post by 3crown » Wed Nov 26, 2008 8:58 pm

Help anyone - any experts still awake please?

A friend of ours was arrested yesterday as he arrived at work and he is now being held at a London Police Station. He's been here about five years and working with false papers.. What are his rights please? Can his brother go and see him with clean clothes? Is he allowed to see a solicitor? Is it likely he will be moved to a detention centre soon? Will we be allowed to know where he is and does he have a right to his mobile phone etc? Will he be removed soon? Oh dear

hamid84
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Post by hamid84 » Wed Nov 26, 2008 9:27 pm

Yes his brother can see him in detention centre provided he contacts the detention centre staff prior to his arrival.. He will need to carry IDs with him.

In detention centre, there will be phone so ask your friend to contact his bro and i believe his bro can arrange solicitor for him.

Hope that makes you happy :-)

3crown
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Post by 3crown » Wed Nov 26, 2008 10:17 pm

Thank you for the prompt reply Hamid84
:)
hamid84 wrote:Yes his brother can see him in detention centre provided he contacts the detention centre staff prior to his arrival.. He will need to carry IDs with him.

In detention centre, there will be phone so ask your friend to contact his bro and i believe his bro can arrange solicitor for him.

Hope that makes you happy :-)

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Frontier Mole
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Post by Frontier Mole » Wed Nov 26, 2008 11:47 pm

If he has worked using a false ID card or passport he will not be going to a immigration detention centre. He will go to a normal prison pending his court case and subsequent prosecution. Then he will get deported.

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Post by 3crown » Thu Nov 27, 2008 9:31 am

Crikey - not good - thank you F M
Frontier Mole wrote:If he has worked using a false ID card or passport he will not be going to a immigration detention centre. He will go to a normal prison pending his court case and subsequent prosecution. Then he will get deported.

Quality Street
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Post by Quality Street » Sun Jan 04, 2009 6:49 pm

His employer may face a fine as well.

chrisB
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Post by chrisB » Sun Jan 04, 2009 7:56 pm

They always used to go for removal and ignore working illegally. Anyone got any idea why they now (only occasionally i think) pursue criminal prosecutions?

It seems to me to be mostly wasting the CPS's time, and prisons aren't exactly battling for custom either. Just going straight for detention and removal always seemed to make eminent sense.

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Frontier Mole
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Post by Frontier Mole » Sun Jan 04, 2009 10:23 pm

You are right about the illegal working part, rare for prosecution, just removal - if possible.

If there is false documentation then things get serious, ID theft is seen as serious offence. Get caught with a false ID or passport then it is pile of poo time. If prosecuted likely to get a short custodial sentence then criminal deport to follow. Sentence for the run of the mile fake passport, 12 - 16 weeks.

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Post by PaperPusher » Mon Jan 05, 2009 12:26 am

In my experience a sentence for a run of the mill fake passport is 9 - 18 months. Perhaps less if the person has an outstanding asylum claim.

Bail will be decided by the courts, and someone with little ties to the UK and accused of using a fake passport is unlikely/less likely to be bailed.

pace ID cards act, obtaining pecuniary advantage by deception. Plus some of their assets can be siezed.

The thing about a conviction is that the person may be recommended for deportation, which depending what way you look at it is a bonus for UKBA. It also gives UKBA time to sort out travel docs. Otherwise if you go for removal the person can be put on reporting and go to ground. They had a fake passport you see and may not be able to be removed straight away.

I am sure detention space is tight too. There are prisons which are only for foreign national prisoners at the moment as far as I am aware.

I wonder what happened to 3crown's friend. Perhaps on remand waiting for a court date.

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Frontier Mole
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Post by Frontier Mole » Mon Jan 05, 2009 12:38 am

PP your right of course. Should be months not weeks!

Time for bed said Zebedee! Boing...

Mr Rusty
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Post by Mr Rusty » Mon Jan 05, 2009 8:57 am

Given that this thread seems to have been revived from an incident that took place about 6 weeks ago, I wonder whether the OP would have the courtesy to inform us what actually happened.

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Post by mrlookforward » Mon Jan 05, 2009 10:16 pm

Mr Rusty wrote:Given that this thread seems to have been revived from an incident that took place about 6 weeks ago, I wonder whether the OP would have the courtesy to inform us what actually happened.
I know someone who was caught about 2 months ago while he was working illegally. He was using a false romanian ID. He is in prison (not detention centre) since then. Police made enquiries about how he got that false id so that they cud catch the people who actually sell this kind of papers. He was taken to magistrates and remanded to judicial custody until his trial for using fake id. He will definately plead guilty or wud be found guilty and then he will be deported. Immigration will have enough time to get his passport/travel document issue from his countrys embassy. If he was simply found working illegally he would not have gone to prison, they wud have just put him on reporting restrictions until his removal, and it wud have been an administrative removal and not deportation.

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Post by 3crown » Tue Jan 06, 2009 10:57 pm

hi Mr Rusty - I'm the OP on this thread. usually most courteous too but just lost my job (2nd time in 3 months) and computer packed up same day (yo) - just sorting meself out again. Thank you to everyone who picked up on this.
The guy was caught hook, line & sinker, the police found out where he was living, picked up false ID, passport, NI card, etc. and he held his hands up - he went back to Algeria within three days - we think a 'friend' shopped him...Don't have any further details of whether he was deproted or removed. But if I get any more detail I'll post it.
Mr Rusty wrote:Given that this thread seems to have been revived from an incident that took place about 6 weeks ago, I wonder whether the OP would have the courtesy to inform us what actually happened.

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Frontier Mole
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Post by Frontier Mole » Tue Jan 06, 2009 11:06 pm

3crown,

Really sorry to hear you lost your job. Wish you every success in finding a new role soon.

Thanks for taking the time out to give us an update.

All the best.

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Post by mrlookforward » Tue Jan 06, 2009 11:21 pm

3crown wrote:hi Mr Rusty - I'm the OP on this thread. usually most courteous too but just lost my job (2nd time in 3 months) and computer packed up same day (yo) - just sorting meself out again. Thank you to everyone who picked up on this.
The guy was caught hook, line & sinker, the police found out where he was living, picked up false ID, passport, NI card, etc. and he held his hands up - he went back to Algeria within three days - we think a 'friend' shopped him...Don't have any further details of whether he was deproted or removed. But if I get any more detail I'll post it.
Mr Rusty wrote:Given that this thread seems to have been revived from an incident that took place about 6 weeks ago, I wonder whether the OP would have the courtesy to inform us what actually happened.
As you say he was sent home to algeria 3 days after arrest then its an administrative removal because deportation takes a lot longer to arrange.

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Post by 3crown » Wed Jan 07, 2009 12:27 pm

Thanks...so I guess he may not face a ban - he does have a Greek girlfriend and I hear they're planning to marry in his country and then he can apply to come back in on Spouse Visa ..
mrlookforward wrote:
3crown wrote:hi Mr Rusty - I'm the OP on this thread. usually most courteous too but just lost my job (2nd time in 3 months) and computer packed up same day (yo) - just sorting meself out again. Thank you to everyone who picked up on this.
The guy was caught hook, line & sinker, the police found out where he was living, picked up false ID, passport, NI card, etc. and he held his hands up - he went back to Algeria within three days - we think a 'friend' shopped him...Don't have any further details of whether he was deproted or removed. But if I get any more detail I'll post it.
Mr Rusty wrote:Given that this thread seems to have been revived from an incident that took place about 6 weeks ago, I wonder whether the OP would have the courtesy to inform us what actually happened.
As you say he was sent home to algeria 3 days after arrest then its an administrative removal because deportation takes a lot longer to arrange.

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Post by Casa » Wed Jan 07, 2009 2:39 pm

The fact that he was arrested due to false papers/ID may cause a problem with the spouse application. :(

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Post by Mr Rusty » Wed Jan 07, 2009 4:16 pm

Casa wrote:The fact that he was arrested due to false papers/ID may cause a problem with the spouse application. :(
Why? If he only used the false i/d to get work, not to make an application?

Particularly as he will be applying for an EEA Family Permit.

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