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Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2850
Experience:  Partner in national law firm
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Can I get a copy of a sentence from January 2009. This proves

Resolved Question:

Can I get a copy of a sentence from January 2009. This proves that my "brother in law" was found guilty on all charges and sentenced for paedophilia.
Submitted: 1 year ago.
Category: Law
Expert:  Alice H replied 1 year ago.
My name is ***** ***** I am happy to help you. Why do you need this information?
Customer: replied 1 year ago.
I found out 2 weeks ago from my cousin that my mother had died in February, and that her house was sold by my 2 sisters. My brother in law was found guilty of sexually molesting my 2 youngest children when they were 5 and 6 years old. Although he was sentenced,found guilty on all charges, imprisoned for a short while, and signed the sex offenders register for 5 years. My sister lied to my mother, telling her there was insufficient evidence. He was sentenced January 2009. My mother changed her will in February 2009, cutting me, my 3 children and now a grandson as well out of her will.
Expert:  Alice H replied 1 year ago.
Thank you for the additional information. There is no public register for this kind of information - the record of the conviction and sentence is kept by the court, police and disclosure barring service (DBS). The police and DBS will not release this information to you as it concerns "personal data" and at the moment you have no legal right under the Data Protection Act to obtain it. However, if you are challenging a will and if there is going to be legal action then you might be able to obtain the information from the court which dealt with m under s.35 Data Protection Act 1998. This will involve a written request to the court for a copy of the court log showing the conviction and sentence which will be sufficient for your needs. I assume you know which court it will be if your children were the victims of the crime - the police liaison officer should be able to get you this information.
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Customer: replied 1 year ago.
Thanks, ***** ***** written a letter to Southampton Magistrates Court for this information. My mother's will was heard on 04/06/2015. Is it correct that I only had 6 months in which to challenge the will? Thanks
Customer: replied 1 year ago.
Please answer my above question. Thanks
Expert:  Alice H replied 1 year ago.
That's not necessarily correct. There is a six month limit in some cases but if there is fraud involved there is no time limit plus where you are a beneficiary challenging a will, the time limit is 12 years. It's important however to move as quickly as possible and get a lawyer to investigate this for you. Happy to discuss further if needed.
Customer: replied 1 year ago.
Thanks very much for all your help. My youngest sister (the paedophile's wife) has just bought a new house with her share of my late mother's estate, so I will contact a lawyer.
Expert:  Alice H replied 1 year ago.
I think that's a good idea but the key is to get legal assistance as soon as possible. It's not a complete dead end with time limits.