Suspended Sentence and Travelling

m'lady

Hi all, just a very quick question, I have a friend who is talking about going to Australia for a year. The problem is though is that he has a 2 year suspended sentence that he is currently serving.

How will this impact on his chances or can he go at all?

cushtac

m'lady wrote: »

Hi all, just a very quick question, I have a friend who is talking about going to Australia for a year. The problem is though is that he has a 2 year suspended sentence that he is currently serving.

How will this impact on his chances or can he go at all?

He would want to check with the Australian authorities first, bearing in mind that if they ask for a police certificate of character his sentence will appear on it.

Delancey

Given that his suspended sentence is still being served then he has 2 chances of getting into Australia - slim and none ( in my opinion ).

m'lady

He seems to think he will have no problems getting into Oz?
What I am more concerned about are the implications on this end if he does manage to get his visa application through, are you allowed leave Ireland for a long period of time when a suspended sentence?

FreudianSlippers

There are probably terms and conditions on the suspended sentence, usually restriction on movement is one of them.

If he goes to Australia he could be serving his sentence upon returning home.

m'lady

OisinT wrote: »

There are probably terms and conditions on the suspended sentence, usually restriction on movement is one of them.

If he goes to Australia he could be serving his sentence upon returning home.

Does that mean he would start the two years suspended sentence again, or he would be put in prison for breaking the terms and conditions?
Sorry I really have no knowledge on anything to do with suspended sentences etc

FreudianSlippers

If he breaks the terms and conditions he would serve out his sentence in prison.

If it's 2 years suspended I'd be surprised if there wasn't a movement restriction term.
Simple solution is to ask the Gardaí I suppose.

m'lady

Ok thanks, I'll advise him to do that. I think at this stage he is only hearing what he wants to hear, that's the problem. I'm just afraid of him getting into serious trouble, and he won't listen to reason. Anyway he's an adult, so I guess he can do what he wishes.

Reloc8

OisinT wrote: »

There are probably terms and conditions on the suspended sentence, usually restriction on movement is one of them.

If he goes to Australia he could be serving his sentence upon returning home.

OisinT wrote: »

If he breaks the terms and conditions he would serve out his sentence in prison.

If it's 2 years suspended I'd be surprised if there wasn't a movement restriction term.
Simple solution is to ask the Gardaí I suppose.

Actually movement restrictions would only arise on certain sex convictions, in that a person must notify authorities where they are going, if they are let in.

Movement restrictions, i.e. 'you must not leave the EU/must stay in Ireland during the suspended period' are not imposed by the courts (except in the reverse - 'you must leave immediately, on condition of which I will suspend your sentence' - where a person is required not to enter the State during a period of suspension.

It is very common that a sentence is suspended on terms requiring compliance with any requirement of a probation officer. Obviously if the probation officer requires attendance for counselling/rehab/treatment this can impact on freedom of movement.

Those kind of requirements most often arise where offending is linked to addiction.

Otherwise, the terms of a suspended sentence are to keep the peace, be of good behaviour and commit no further offence.

So the issue here will likely be whether the Australian authorities will let the person in. That person should check with the solicitor who acted for them as to what the terms of imprisonment are. If there is requirement to engage with probation services the relevant probation officer has to more or less decide whether they are happy with the arrangement.

FreudianSlippers

Reloc8 wrote: »

Actually movement restrictions would only arise on certain sex convictions, in that a person must notify authorities where they are going, if they are let in.

Movement restrictions, i.e. 'you must not leave the EU/must stay in Ireland during the suspended period' are not imposed by the courts (except in the reverse - 'you must leave immediately, on condition of which I will suspend your sentence' - where a person is required not to enter the State during a period of suspension.

It is very common that a sentence is suspended on terms requiring compliance with any requirement of a probation officer. Obviously if the probation officer requires attendance for counselling/rehab/treatment this can impact on freedom of movement.

Those kind of requirements most often arise where offending is linked to addiction.

Otherwise, the terms of a suspended sentence are to keep the peace, be of good behaviour and commit no further offence.

So the issue here will likely be whether the Australian authorities will let the person in. That person should check with the solicitor who acted for them as to what the terms of imprisonment are. If there is requirement to engage with probation services the relevant probation officer has to more or less decide whether they are happy with the arrangement.

I was actually thinking more along the lines of a curfew which I see imposed often. For example, if OP's friend was ordered to be home from 9pm to 9am I would have imagined that this would preclude them from exiting the state (even city) without permission.

Reloc8

I didn't get that from your posts.

Anyway, I've never seen or heard of a curfew being imposed as part of a suspended sentence from the circuit court (2 year term at issue here). Not going to preclude something odd having happened in the District Court. It is sometimes a condition of bail but not as sentence. I couldn't agree for a moment that restriction on movement is usually a term of a suspended sentence. It would in fact be quite exotic and as noted above operates the other direction, i.e. leave the state as a condition.

By way of tangential relevance I can think of at least one case where a chap had a suspended sentence on condition that they stay out of a named townland, parish or county. This was upheld on appeal to the CCA.

Electronic tagging if/when implemented will have an effect.

davmol

I know a good few people ive met before and during travelling who have some sort of criminal history /present.SUspended senences and probation were on their records and they never revealed this when applying and they were never asked.I dont know of anyone who has been denied access to oz whos applied and i know ALOT of people -friends ,friends of friends etc etc.

Although i dont condone withholding information ,it seemed to work in the instances im aware of.