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Maverick
Maverick, Advocate
Category: UK Law
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Experience:  20 years proefessional experience
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Disclosure purposes is a 'Suspended Sentence' say days over

Customer Question

For employment disclosure purposes is a 'Suspended Sentence' say for 14 days over 2 years, classed as a 'custodial sentence'?
And thus ( even if more than 11 years old) not a 'Protected conviction' for 'The Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (Amendment) (England and Wales) Order 2013'?
Submitted: 11 months ago.
Category: UK Law
Expert:  Maverick replied 11 months ago.

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Answer will follow in the pane below as per above parameters….

Let's start with this first:

A "custodial sentence" basically means imprisonment; which is the most severe sentence available to the courts. Custodial sentences are reserved for the most serious offences and are imposed when the offence committed is “so serious that neither a fine alone nor a community sentence can be justified for the offence” (section 152(2) of the Criminal Justice Act 2003). When a court imposes a custodial sentence of 14 days, it may then choose to suspend the sentence for up to two years. Which is what it appears has happened in your case. You were given the chance to stay out of trouble and to comply with certain requirements set by the court.

So the answer to your 1st question is "Yes." A suspended sentence is classed as a "custodial sentence".

More to follow below:

Expert:  Maverick replied 11 months ago.

See part answer above. Now for the "protected conviction" part see this link. It states in relevant part:

For the purposes of this Order, a person’s conviction is a protected conviction if the conditions in paragraph (3) are satisfied and— (a) where the person was under 18 years at the time of the conviction, five years and six months or more have passed since the date of the conviction; or (b) where the person was 18 years or over at the time of the conviction, 11 years or more have passed since the date of the conviction.

(3) The conditions referred to in paragraph (2) are that— (a) the offence of which the person was convicted was not a listed offence; (b) no sentence mentioned in paragraph (4) was imposed in respect of the conviction; and (c) the person has not been convicted of any other offence at any time.

(4) The sentences referred to in paragraph (3)(b) are— (a) a custodial sentence, and (b) a sentence of service detention,

So, since a custodial sentence was imposed it is not a "protected conviction" as per the laws above.

I am sorry. I know that is not what you wanted to hear; but I am assuming that you are paying for an honest and professional answer.

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