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Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2847
Experience:  Partner in national law firm
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I have a few questions which will need answering please. 1.

Resolved Question:

Hi,
I have a few questions which will need answering please.
1. If you miss your 'bail' in the UK, and then become 'WANTED' in the UK - do police notify all airports in the world about your wanted status, and can these countries then arrest you and have you deported back to the UK?
2. If you haven't been charged with a crime already, and are currently out of the country - what is the process required for the UK to issue a deportation order - the country of residence is uk - and country currently in - Philippines. - Also can you be convicted of a crime if you haven't been charged, as surely you need to be able to provide a 'guilty' or 'not guilty' plea, or be given the opportunity to do this?
Please advise, thank you :)
Submitted: 1 year ago.
Category: Law
Expert:  Alice H replied 1 year ago.
My name is ***** ***** I will help you today. Please bear with me while I read your questions carefully.
Expert:  Alice H replied 1 year ago.
1. No, not usually. the police may notify ports in the UK but rarely will they notify other countries unless the crime is particularly serious e.g. terrorism, murder etc. If the person is arrested in another country they would not be automatically be returned to the UK - there is an extradition process usually in place which has to be followed. The domestic court would then decide whether the person should be returned to the UK or not. 2. You cannot be convicted of a crime unless charged. If the person is charged he could be tried in absence and found guilty or not guilty. The court could then pass sentence in absence and issue a warrant for the persons arrest to be returned to the country to serve the sentence. 3. A deportation order may be made by the Phillipines if the person is in their country illegally but generally speaking if a person is wanted back in the UK, an extradition would have to take place.
Customer: replied 1 year ago.
OkSo, if I'm not in the UK- and haven't been charged - can they charge me in my absence, or can an extradition process be started, if I haven't been convicted of a crime? Or even charged? Do you understand what I mean by that? Thanks
Expert:  Alice H replied 1 year ago.
What offence is being investigated?
Customer: replied 1 year ago.
Conspiracy to defraud & money laundering
Customer: replied 1 year ago.
£140,000
Expert:  Alice H replied 1 year ago.
It is difficult to charge somebody in their absence but not impossible. So, yes, the police could charge a person and then circulate them as wanted. If the person is arrested in another country they could be extradited back to the UK to stand trial.
Customer: replied 1 year ago.
Ok
If charged in absence, however wasn't able to locate the person charged in absence, can they then find that person guilty/ not guilty if there has been no plea entered? thanks
Customer: replied 1 year ago.
When you say its difficult, how is it difficult? Is there a specific process, I'm finding a little hard to understand.. Your answers are quite open ended.
Expert:  Alice H replied 1 year ago.
These decisions depend on so many factors that it would be impossible to give you a yes or no answer to your questions. The police have to decide if there is a case, they then have to speak to the CPS to decide if there is sufficient evidence/realistic prospect of conviction and then the matter has to go to court. The Judge has to decide whether to try in absence or not. So you can see there are so many steps and the decision at each step could go either way. It's impossible to say with certainly whether you will be charged or not and what action might be taken.
Customer: replied 1 year ago.
OkThanks, ***** ***** appreciate that. - Next question - how can a passport be revoked, and in what circumstances can this happen, do you know? thanks!
Expert:  Alice H replied 1 year ago.
What type of passport? Was it issued by the UK?
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2847
Experience: Partner in national law firm
Alice H and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Next question lol - if a passport is taken from you, and confiscated by the police - (UK passport) but there are no conditions on bail not to leave the UK - but then another passport is applied for, and subsequently used to exit the country - is there a crime for this? If so, what is this? And is there guidelines on this? Thanks
Expert:  Alice H replied 1 year ago.
Thanks.Please bear with me as this is a lot of information to review!
Expert:  Alice H replied 1 year ago.
What information was given to the passport office to issue the replacement?
Customer: replied 1 year ago.
Nothing. Just a normal application
Expert:  Alice H replied 1 year ago.
But what reason was given for obtaining the replacement? Obviously it hadn't expired.
Customer: replied 1 year ago.
Lost/Stolen
Expert:  Alice H replied 1 year ago.
If the original passport was with the police it can't have been lost/stolen. The new passport was therefore issued improperly and could be revoked. It is also a crime to make a false declaration to the passport office. Such offences carry imprisonment - the length depends on the persons previous record, reason for obtaining the new document etc.
Customer: replied 1 year ago.
What would the normal guidelines be? Could you also provide the answer to the question asked before that about revoking a passport? Normally issued passport - not confiscated etc.
Expert:  Alice H replied 1 year ago.
It was normally issued unfortunately. It was obtained by giving false information (the original passport was not lost or stolen). So, the passport office could revoke the new one based on the fact that false information was given. However, it is fair to say that the new passport is genuine and not a forgery so if prosecuted the sentence would be far less. Making a false declaration of this kind usually carries a prison sentence of around 3 months although the court has power to impose a lesser sentence or make a community order.
Expert:  Alice H replied 1 year ago.
Apologies - the first line should read 'not normally issued'. Sorry my legal skills are better than my typing!
Customer: replied 1 year ago.
Ok, and what about a normally issued passport? If there's a passport that has been obtained normally, with no deceit etc, properly applied for through correct channels - can the police cancel the passport? or how does that work. nearly done! sorry lol
Expert:  Alice H replied 1 year ago.
Take as much time as you need it's not a problem for me. The police do not have power to chance a passport. It will either expire in their possession or they will return it to the passport office.
Customer: replied 1 year ago.
Sorry, I mean a different passport?
Expert:  Alice H replied 1 year ago.
No the police have no power to cancel a properly obtained passport.
Expert:  Alice H replied 1 year ago.
In fact the police have no power to cancel any passport. It is a decision for the issuing authority. All the police can do is confiscate it.
Customer: replied 1 year ago.
Ok great.
Can you provide the exact crime that was commited when obtaining the passport?thanks
Expert:  Alice H replied 1 year ago.
Fraud Act 2006There may also an offence under the Identity Act 2010 but I will check.
Customer: replied 1 year ago.
Thanks. The fraud act 2006, isn't an offence however.. which offence is it? thanks
Expert:  Alice H replied 1 year ago.
Section 1 and 2 Fraud Act 2006 Click HERE for section 2 which is about making fraudulent representations

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