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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70530
Experience:  Over 5 years in practice
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My son received a 5 year sentence in 1983 when he was 20

Resolved Question:

My son received a 5 year sentence in 1983 when he was 20 years old. He has not offended since but since the 1974 Rehab. of Offenders act he has found it difficult to get a transport delivery job. He is now 53 years old and cannot support himself and his partner. Is there any action he can take to show he no threat to anyone. Edward XXXXXXXX

Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Are you asking if this can be removed?
Customer: replied 2 years ago.

No, I know that it cannot be removed. How can he prove that he is not a threat to anyone and also was the law regarding never spent for sentences over 5 years in force in 1984

Bill

Expert:  Jo C. replied 2 years ago.
What was the offence?
Also, I notice that you have not yet rated a previous answer so I would be grateful if you could do that now.
Customer: replied 2 years ago.

Aggravated burglary for breaking into the house of an older woman who was giving her favours to several young men in the area.

Rating : good

Bill

Expert:  Jo C. replied 2 years ago.
Well, that is one of those offences I'm afraid that is very difficult to neutralise.
There are no magic wands that will force employers to become convinced. All anybody can do is put the best spin in things possible.
Generally speaking that is done by offering mitigation without sounding as though you are making excuses.
The obvious point here is that it was a very long time ago when he was a very young man and it is an isolated incident. Now that he has a more developed character there hasn't been any repetition.
If he is a delivery driver then he will probably be enhanced checked as knowledge of people's addresses and their circumstances is fairly sensitive information. That is why this still shows.
Can I clarify anything for you?
Jo
Jo C. and 3 other Law Specialists are ready to help you
Customer: replied 2 years ago.

My son will be delivering to Companies not to households so he will not be delivering to vulnerable households.

How is it that the RoO Act 1974 do not take into account the effect of offenders seeking work and is anybody looking into this unintended consequence of the Act.

Bill

Expert:  Jo C. replied 2 years ago.
No, but companies are vulnerable to thefts.
The second question is really one for your MP. I cannot answer to the merits of the law. Quite a lot of laws are a nonsense. I can only tell you the state of the law.
I would imagine that Parliament would answer your question by saying that the RoO Act is about protecting the public.
Customer: replied 2 years ago.

Your answer did not help me at all and it was a waste of £38.

Expert:  Jo C. replied 2 years ago.
OK.
Good luck.