Obtaining a disposition?????

Old Jan 19th 2012, 9:36 am
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Default Obtaining a disposition?????

I've had requestes for updated police checks (awesome, know how to get those i've had 4 already lol) - however my letter from CIC states "Must include disposition for your 1998 arrest".

Seeing as I have no idea what a disposition is I called the magistrates court of the town where the offence was commited, and asked them. The lady on the phone said "I'm sorry I have no idea what that is, we can't help you".

hmmmm

So I have just called the ACRO people (maybe they will know) and she had no idea what a disposition was either - she thought it might be a subject access something or other - which has to be applied for at my old local police station

So after all that - what do CIC want, and is a disposition a subject access thingy????
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Old Jan 19th 2012, 10:08 am
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Default Re: Obtaining a disposition?????

do you mean deposition? If so, its a statement of what happened.
So I think they are wanting you to circumstances behind the offence.
Hope that helps
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Old Jan 19th 2012, 10:33 am
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Default Re: Obtaining a disposition?????

Hi thanks for the reply - no it's definately a disposition. It looks as though through trawling through websites that its a statement of what the offence was, charges and all that jazz.

By definition it looks as though it's a subject access report from the constabulary.

Which is taking up to 6 weeks to send, and I have 60 days from the 6th jan.

Ahh the sands of time
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Old Jan 19th 2012, 12:20 pm
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Default Re: Obtaining a disposition?????

Disposition usually means what was the result of the case in other words was their a conviction or not.
Common dispositions;
Guilty plea fined $500
Absolute Discharge
Dismissed
Nolo Contendre
Held
Nolle Prosequi
Lots of Criminal Records show arrests but not the final outcome this is what they are looking for. Contact the court where the offence was dealt with and ask them for the result of the case. If not on record get something in writing from the court stating that. Verbal assurances are not usually accepted as evidence.
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Old Jan 19th 2012, 9:49 pm
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Default Re: Obtaining a disposition?????

Thanks FL, I contacted the court and the woman on the end of the phone was less then useless.

Will a subject access report show all this?
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Old Jan 20th 2012, 12:40 pm
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Default Re: Obtaining a disposition?????

Originally Posted by mandymoochops
Thanks FL, I contacted the court and the woman on the end of the phone was less then useless.

Will a subject access report show all this?
I have no idea. You could try contacting them by email requesting the disposition from the court where the case was dealt with then at least you can show CIC that you have made efforts to obtain the info. Print off a copy of any emails sent.
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Old Jan 20th 2012, 7:56 pm
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Default Re: Obtaining a disposition?????

Further enquiries and head banging against Leicester Magistrates court proverbial brick wall led me to call Leicestershire police subject access people.

They have confirmed that the details of the 'misdemaenor' from start to finish will be on the subject access form. So I sent off for it today.

I have however emailed the magistrates court as you suggested and will be keeping any correspondence from them to include in package sent to CIC.

Once again thanks and where's my Yorkie you misleading chocolate promiser you
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Old Jan 21st 2012, 5:39 pm
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Default Re: Obtaining a disposition?????

A quick update.

I emailed one of the JP's from the magistrates court and he very kindly replied. His answer "I haven't heard of this one either I think you need to get the help of a solicitor"

And then goes on to suggest one.

Surely it can't be this rare?????
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Old Jan 21st 2012, 8:51 pm
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Default Re: Obtaining a disposition?????

How many offences are we talking about? Dependent on what the charge in 1998 was it might be a mute point as if only one offence then chances are deemed rehabilitation comes into play. If more than one offence then they would need to know all dispositions to see if deemed rehabilitated or a waiver of rehabilitation is required.
Surely the court must have a disposition of an offence that was dealt with in their jurisdiction.
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Old Jan 22nd 2012, 2:41 pm
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Default Re: Obtaining a disposition?????

Originally Posted by Former Lancastrian
Lots of Criminal Records show arrests but not the final outcome this is what they are looking for.
Wouldn't an ACPO check or Subject Access request that shows no convictions on record give evidence that the case was dismissed?



Contact the court where the offence was dealt with and ask them for the result of the case. If not on record get something in writing from the court stating that.
I am surprised that court officers don't know what "disposition" means but if it has to be brought into simple English for them, then as others have said, you want to have a record of what happened.
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Old Jan 22nd 2012, 7:06 pm
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Default Re: Obtaining a disposition?????

We are all now sorted - if have just recieved an email from a friend who is a lawyer down in Calgary and used to be a crown prosecutor back in the UK (I thought well if anyone will know it should be him right???!!!!) and it states the following


I think that you have been worrying unnecessarily. One of the things I’ve learned since being in this country is that the Canadians place great emphasis on their own weird Canadian terms for simple straightforward things. The term ‘Disposition’ is used in my line of work a lot – it simply, literally, means the outcome of a case, or how it was ‘disposed of’.



Your understanding of the term as per your enquiries is therefore pretty much spot on. “Subject Access Record” is a term that comes from the UK Data Protection Act. Under this Act, the court information that you have requested will be classed as “Personal Information”, and the “Subject Access Record” is just the means of formally recording this information in compliance with the Act. It will show the “Disposition” of the matter, and will be exactly what CIC are expecting to see. You can therefore rest easy knowing that you have done exactly the right thing!



Looks like I can rest easy lol - and FL no there aren't strings of convictions hahahaha
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Old Jan 22nd 2012, 10:08 pm
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Default Re: Obtaining a disposition?????

Originally Posted by mandymoochops
We are all now sorted - if have just recieved an email from a friend who is a lawyer down in Calgary and used to be a crown prosecutor back in the UK (I thought well if anyone will know it should be him right???!!!!) and it states the following


I think that you have been worrying unnecessarily. One of the things I’ve learned since being in this country is that the Canadians place great emphasis on their own weird Canadian terms for simple straightforward things. The term ‘Disposition’ is used in my line of work a lot – it simply, literally, means the outcome of a case, or how it was ‘disposed of’.



Your understanding of the term as per your enquiries is therefore pretty much spot on. “Subject Access Record” is a term that comes from the UK Data Protection Act. Under this Act, the court information that you have requested will be classed as “Personal Information”, and the “Subject Access Record” is just the means of formally recording this information in compliance with the Act. It will show the “Disposition” of the matter, and will be exactly what CIC are expecting to see. You can therefore rest easy knowing that you have done exactly the right thing!



Looks like I can rest easy lol - and FL no there aren't strings of convictions hahahaha
As Jack Bauer would say Damnit. I was looking forward to answering questions on Removal Orders
Congrats all sorted now.
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Old Jan 23rd 2012, 12:33 am
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Default Re: Obtaining a disposition?????

Originally Posted by Former Lancastrian
As Jack Bauer would say Damnit. I was looking forward to answering questions on Removal Orders
Congrats all sorted now.
Bugger off
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