Avionker
The point, as far as I can tell is this, he has been refused leave to remain in the country by the UKBA because he was charged and fined for a disciplinary offence last year. After the 2010 amendment to the Rehabilitation of Offenders act (1974) all convictions, whether spent or not, can be taken into account by the UKBA. Prior to this amendment there were no exceptions, once a conviction was spent, it was spent. So if his offence took place last year or 12 years ago it would still be considered as a criminal conviction by the UKBA.
The real injustice as far as I am concerned is that all punishments awarded under military discipline which lead to a fine or detention are regarded as convictions. A civilian has to be taken to court, tried and found guilty to receive a conviction. During this process they are entitled to professional legal representation.
A member of HM Forces can be charged, the offence heard by and disposed of by their Commanding officer, with no right to legal representation. This means any serviceman or woman who leaves the Forces and has been charged and fined in the 12 months prior to leaving must declare the conviction when applying for a job. How many people know that? And in fact prior to 1st May this year, the rehabilitation period for a conviction leading to a fine was actually 5 years.
I am willing to accept that offences dealt with by a Court Martial should be regarded with the same weight as a Civilian court conviction but a simple charge? Heard by any old commissioned officer without specialist legal training or experience? That is ludicrous.
http://www.ilpa.org.uk/data/resource...s-Act-1974.pdf
Not all Service Discipline offences are recorded on the Police National Computer. Details of what offences under the
Armed Forces Act 2006 are or are not Recordable Offences on the Police National Computer are detailed in
Statutory Instrument 2009 No 1922 'The Police and Criminal Evidence Act 1984 (Armed Forces) Order 2009'. This, as is usual, is rather complex; luckily a summary of what is included is in
Hansard as a response to a question:
Mr Llwyd: To ask the Secretary of State for Defence whether criminal convictions of members of the armed forces are recorded on the Police National Computer. [41019]
Mr Robathan [holding answer 16 February 2011]: Yes. Recordable offences on the Police National Computer are those offences under section 42 of the Armed Forces Act 2006 for which the corresponding offences under the law of England and Wales are also offences that are recordable under regulation 3 of the National Police Records (Recordable Offences) Regulations 2000.
In addition, there are a number of service offences that are recordable. These are offences under the following sections of the Armed Forces Act 2006:
a. Section 11(1)—Misconduct towards a superior officer;
b. Section 14—Using force against a sentry, etc.;
c. Section 24(1)—Damage to or loss of public or service property;
d. Section 27—Obstructing or failing to assist a service policeman;
e. Section 28—Resistance to arrest, etc. (only in relation to a conviction under section 28(1)(b) or (c)—using violence or threatening behaviour);
f. Section 29—Offences in relation to service custody;
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g. Section 30—Allowing escape, or unlawful release of prisoners, etc. (but only where the conviction is under section 30(4)(a));
h. Section 39—Attempts to commit any offences specified above; and
i. Section 40—Encouraging or assisting the commission of any offence above (apart from an attempt).