Queries regarding court conviction(s) - new settlement rules

now law came in parliment,do u have any idea whats the meaning of deemed served fine by court,some are saying its considered served some not sure,what you say can i apply ILR after april or it came under rehabiliation act of 5 years term.

ssoct98@hotmail.com wrote:now law came in parliment,do u have any idea whats the meaning of deemed served fine by court,some are saying its considered served some not sure,what you say can i apply ILR after april or it came under rehabiliation act of 5 years term.

Read this post and this one too.

If still in doubt, answer the following:
1. Are you covered by HSMP JR?
2. What have you been convicted of?
3. Was the conviction handed by a court?
4. In which year were you convicted?

If convicted for more than one offence, answer Q2-Q4 for each.

I get for LC 20 deemed served fine which is just under 100 pounds in all may be 50 for both i even dont know as fine letter never came just issue me 3 points.They also say we know u r good person but we did our best for u.
Now law changed and i am not cover by JR due ILR in august dont know i can apply or not as 5 years end in 2014 nov.Hell to wait.

Suggest me after consulting ur seniors.So thanks.

ssoct98@hotmail.com wrote:so after discussions with other judges he said we issue you fine

A court issued FPN. AIUI (and I am no expert in the matter), I believe you may have to wait until you complete 5 years (from the date this fine was handed to you by a judge / judge in a court) to apply for settlement.

Wait for others to correct me / confirm my opinion.

Dear they issue me fine but as i request my nationality issue so they wait and said we are issuing but its deemed served which solicitor told me not remain on record as its deemed served.
Also are HO issuing any transition arrangements for people due in ILR in april 2nd week,there should be some flexibility for them as how a law came in 6th april and a person due for ILR in april end staright away give all income evidences.
Please give ur suggestions,Dont forget its been deemed served by court.

ssoct98@hotmail.com wrote:Dont forget its been deemed served by court.

Not heard of a fine being "deemed served" when you had to pay a fine at the end.

e.g. - you plead guilty to something, judge fines you but tells you that the fine will be deemed served if you spend the night in custody /lock-up instead. You spend the might in lock-up and escape the fine. In such a case, one may say that "the fine was deemed served".

But, like I said before, I am no expert in the matter.

What evidence do you have to prove "its been deemed served by court"?

I havnt pay any fine at all,also i only heard verbally from judges abt fine never see any letter,i ask court clerk she said its been served,so i come back home,ask solicitor he said its judge normally gave which they think is of good character and of ist mistake means so lenient but i dont know whether its remain in record or not and considered for 5 years or not and wat abt those peoples who are due in april end.

The point being - you were convicted by a court - who issued you a fine - which, thanks to the judges, was deemed served perhaps because you had to spend 8 hours in lock-up.

Deemed served - considered to have been served (in case of fine, been paid), though you actually didn't have to serve / pay).

But does "deemed served" make a conviction disappear / deleted from records / deemed "spent". AIUI, no!

e.g. - I am accused of assault. The judge convicts me and orders me to 50 pound fine, which is deemed served because I had spent 8 hours in lock-up following the assault. So, I end up in a situation as you - never had to pay 50 pounds ..... but does that mean that I wasn't convicted for assault or that a fine was not imposed as a court conviction?

Do wait for others to correct me / confirm my opinion. Alternatively, do consult a competent solicitor for accurate, definite answers on the issue.

Thanks leave deemed served issue may be bad luck who knows but what abt those who are applying in April end or may start any transitional arrangements?

There are no "transitional arrangements". If you make an application on / after 06-Apr-11, you must meet the requirements applicable on the day (new rules). Period!

Amazing and pity for those who are due in April end.Anyhow thanks for your support,I will inform you my result as i will go for it after checking all ends as its worth a try.
Now anything speeding fine by court or any county court fine is like same as custodial because 5 years have to wait for ILR.In other words can get any fine after ILR not before.
Thanks again.

ssoct98@hotmail.com wrote:Amazing and pity for those who are due in April end.Anyhow thanks for your support,I will inform you my result as i will go for it after checking all ends as its worth a try.
Now anything speeding fine by court or any county court fine is like same as custodial because 5 years have to wait for ILR.In other words can get any fine after ILR not before.
Thanks again.

Thank you
I'm due to apply for ILR on 26th April 11 as a work permit holder and been working nearly 5years at the same company. I had a fine about 7 years ago in 2004, after being caught by tube ticket inspector at the station and got a letter which saying I'd been prosecuted by them so I either had to be attend a court or alternatively pay certain amount of money depending on my income and expenesee.
I'm also wondering If this is also a convition spent?

Thanks
waijei

@ waijei,

I think you probably will not have probably as it is a spent conviction. You can always check if you google to see how long it specificies on ROA to become 'spent'. That is my knowledge on the subject which may not be correct, wait for other seniors to answer

paedsdoctor wrote:@ waijei,

I think you probably will not have probably as it is a spent conviction. You can always check if you google to see how long it specificies on ROA to become 'spent'. That is my knowledge on the subject which may not be correct, wait for other seniors to answer

Thank you for your posting,

I have searched some on the web and most of them say 'FINE'--5 YEARS of rehabilitation period. see this link and check 'FINE'

http://www.yourrights.org.uk/yourrights ... spent.html

If SO, for me it's been more than 5 years which mean I should be clear, do you think ?
Expert please help...

Reading this post should help.

ILR still so easy but this criminality threshold so harsh.5 year wait is so long and again any court fine again 5 years,they should separate offences nature.
Sushmehta can we go in court against this threshold or not.

ssoct98@hotmail.com wrote:ILR still so easy but this criminality threshold so harsh.5 year wait is so long and again any court fine again 5 years,they should separate offences nature.
Sushmehta can we go in court against this threshold or not.

I doubt if there is any ground to get a judgment against the threshold based on an expert opinion. Although, the law is unnecessarily strict and very unfair, but the current govt. have the power to change their law at anytime. There should be a measure for immigrants in the system or people who are near the completion stage of 5yrs and 10yrs stay in the country...that would be fair.

The most painful part and unbalanced nature of this thresold i.e. Traffic Offence is that some people will get away with it. I have a friend who committed a Traffic Offence twice in England and got FPN ( Fixed Penalty Notice) on both occassion. On the other hand, I live in Scotland, all Traffic Offence have to go through the court to get the same fine and points on my licence.

I guess it is a crazy country with a complex system afterall!!

Dwales you are right and I wish we can do something its not harsh its ridiculously hard especially for traffic offences,I am due in august and have traffic offence dealt by court and as per rehabilitation act unspent in 2014,so you can imagine my feelings and pain.

Can we go to the court or perform an agitation to remove traffic offences from Criminality Threshold?

Thanks,

Becuase people with HSMP JR don't have this threshold, I got HSMP in April 2007 and I am booked ... this is unfair..

Hi all,
I have posted my experience earlier in this site.
I have a unspent motoring conviction. It will be spent in 2013.
I'm due for ILR on May 13th 2011.
Now according to these new rules i will not be eligible for ILR.
And I'm on work permit visa & my visa expires on June 1st 2011.
My employer is not willing to do Tier -2 for me now.
So i'm only left with one option to leave this country...
Planning to go back to India for good at end of May.
After spending almost 9yrs(2 yrs student + 2 yrs PSW+ 5 yrs WP) i got to leave this country. I cant change the rules. Its ok.

And I want to tell you about one more info which might help you people. There is a consultation going on Rehabilitation Act For Offenders, that is regarding unspent time period.
In all the other developed countries like US & australia these periods are very less, if we take Court fines it is only 1 yr instead of 5yrs(like in UK).
So now they are planning to decrease this 5 yrs to 1 yr in near future.
There is a positive response for that bill from the MPs.
I think one day it will definately passed in Parliament & this will come down to 1yr.
Ministry of Justice also said they will consider it.
But it may take some time for that.
So people who r eligible for ILR after few months will be safe if they have spent 1yr after the conviction & if this bill passes.
I found this website very useful. Hope everyone gets there ILR without
any problem.
Bye everyone..

We have to make a point in court,its looks so amazing that if anyone get traffic court fine he keep on waiting for 5 years and when time came for ILR again fine happened and he keep on waiting again,How long they keep on issuing extensions,going back no good better fight in court.

I have already spoke to solicitor, as a work permit holder we have less chances to win a case in court. And more over it all happend with short notice & without consultation..
The govt is saying these r minor changes, but these r not that minor changes there will many people who will be affected by these rules.

I found it ridiculous to find the traffic offences affecting peoples career it affecting so much that people have to leave the country, I think this has to be dealt and i hope we will get a strong case bcs anyone can imagine how silly it is even i don't come under this but still i found to raise my voice against it.

York123 wrote:Hi all,
I have posted my experience earlier in this site.
I have a unspent motoring conviction. It will be spent in 2013.
I'm due for ILR on May 13th 2011.
Now according to these new rules i will not be eligible for ILR.
And I'm on work permit visa & my visa expires on June 1st 2011.
My employer is not willing to do Tier -2 for me now.
So i'm only left with one option to leave this country...
Planning to go back to India for good at end of May.
After spending almost 9yrs(2 yrs student + 2 yrs PSW+ 5 yrs WP) i got to leave this country. I cant change the rules. Its ok.

And I want to tell you about one more info which might help you people. There is a consultation going on Rehabilitation Act For Offenders, that is regarding unspent time period.
In all the other developed countries like US & australia these periods are very less, if we take Court fines it is only 1 yr instead of 5yrs(like in UK).
So now they are planning to decrease this 5 yrs to 1 yr in near future.
There is a positive response for that bill from the MPs.
I think one day it will definately passed in Parliament & this will come down to 1yr.
Ministry of Justice also said they will consider it.
But it may take some time for that.
So people who r eligible for ILR after few months will be safe if they have spent 1yr after the conviction & if this bill passes.
I found this website very useful. Hope everyone gets there ILR without
any problem.
Bye everyone..

York - I sympathise with your situation mate but thanks very much for sharing this piece of information. I did go through the website http://www.changetherecord.org/about/ and one key thing which stood out was Put simply, we would like to see the length of time it takes for a conviction to become spent to be reduced, so that it is proportionate to the crime committed and brings us into line with the rest of Europe.
I am not sure thou what the threshold limit is in the rest of Europe. I am just hoping against hope that this reform bill gets passed through at the earliest. Also, how come traffic offences are clubbed together with criminal offences is something I still dont get unless you have killed someone in a road accident. I think there needs to be an agitation to get the unspent timeframes to be reduced drastically.