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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70216
Experience:  Over 5 years in practice
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I was sentenced in Croydon Magistrate court in Feb 2015 for

Resolved Question:

I was sentenced in Croydon Magistrate court in Feb 2015 for domestic abuse for 18 months. I was sentenced for 18 months finishing in August 2016. I was never given a sentencing order and while checking with 'Disclosure Scotland' found that the sentenced upto date is mistyped as 2017 instead of 2016. My probationary officer says he will no longer deal with me as as per his instructions the 18 months is over.
I want to correct this. Whom should I approach to correct this?
Please give me specific answers, not just 'approach the court;. I would like to know who in Croydon Magistrate court for
1. To get the sentencing order
2. To correct the typo so that all databases would get corrected.
Thank you very much
Submitted: 11 months ago.
Category: Law
Expert:  Jo C. replied 11 months ago.

Do you have the memorandum of conviction?

Customer: replied 11 months ago.
No. Was not given any. Is that what is it called? I have a community order saying 'Comply with the requirements (of attending a course) within August 2017. That is all I have from the court. That is all my probationary officer has as well.
Customer: replied 11 months ago.
In addition, My probationary officer has 'instructions' for him about 18 months sentencing, that was the sentence I heard in the court and my solicitor at that time has a summary as well which states 18 months.
Expert:  Jo C. replied 11 months ago.

No, you have to apply to the sentencing court for a memorandum of conviction which will contain the sentencing details. They are not usually given out save upon application.

then you just make a data protection request to correct the information to disclosure scotland. You can always appeal to the ICO if they refuse but it will not come to that. As long as you produce the memorandum confirming they are wrong then they will correct it. They will not refuse. These mistakes do happen regularly enough as the input is from humans ultimately who are capable of error.

Can I clarify anything for you?

Jo

Customer: replied 11 months ago.
Jo
1. So I apply just to the sentencing court for memorandum of conviction, who should I address it to?
2. Data protection request addressed to whom?
Thanks
Customer: replied 11 months ago.
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Expert:  Jo C. replied 11 months ago.

I have submitted an offer for you.

Customer: replied 11 months ago.
Please could you answer this.
07/08/2016 11:37
Jo C. Jo C. Solicitor
Do you have the memorandum of conviction?07/08/2016 11:44
No. Was not given any. Is that what is it called? I have a community order saying 'Comply with the requirements (of attending a course) within August 2017. That is all I have from the court. That is all my probationary officer has as well.
07/08/2016 11:47
In addition, My probationary officer has 'instructions' for him about 18 months sentencing, that was the sentence I heard in the court and my solicitor at that time has a summary as well which states 18 months.
07/08/2016 11:52
Jo C. Jo C. Solicitor
No, you have to apply to the sentencing court for a memorandum of conviction which will contain the sentencing details. They are not usually given out save upon application.then you just make a data protection request to correct the information to disclosure scotland. You can always appeal to the ICO if they refuse but it will not come to that. As long as you produce the memorandum confirming they are wrong then they will correct it. They will not refuse. These mistakes do happen regularly enough as the input is from humans ultimately who are capable of error.Can I clarify anything for you?JoPremium Service Offer: Phone CallLearn MoreWe can talk live on the phone to make it easier to get all the help you need.Amount: £44 100% Satisfaction Guaranteed.Accept this Offer
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07/08/2016 11:56
Jo
1. So I apply just to the sentencing court for memorandum of conviction, who should I address it to?
2. Data protection request addressed to whom?
Thanks
Expert:  Jo C. replied 11 months ago.

I'm not sure what happened there?

Expert:  Jo C. replied 11 months ago.

I can't see anything other than earlier posts?

Customer: replied 11 months ago.
Jo
Just needs answer for this. That's about it.1. So I apply just to the sentencing court for memorandum of conviction, who should I address it to?
2. Data protection request addressed to whom?
Thanks
Expert:  Jo C. replied 11 months ago.

1 Yes. The Court manager will be fine. To my knowledge there is no specific form at Croydon.

If they do refuse then you could always make a DPA request though.

2 To the relevant police force which will be the met. It might well be on DBS at the moment but they will be taking their reports from your PNC. If the PNC is corrected and the DBS is still not updated then you can apply to them as well but that is not likely to happen.

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