Banned in Romania still banned in UK?
Discussion
A colleague has recently been banned for speeding in Romania. He's a UK citizen with a UK licence.
He's agreed to leave Romania soon which will give him his licence back.
He is still banned in Romania for the rest of his term.
Does this mean when he returns to the UK he will be banned in the UK also?
He's agreed to leave Romania soon which will give him his licence back.
He is still banned in Romania for the rest of his term.
Does this mean when he returns to the UK he will be banned in the UK also?
Doesn't seem to be reciprocal anywhere except Ireland:
http://www.cps.gov.uk/legal/l_to_o/mutual_recognit...
http://www.cps.gov.uk/legal/l_to_o/mutual_recognit...
Since this one's been answered, can I interject with a similar but different question?
If I'm required to inform someone (prospective employer/insurer perhaps) of any criminal convictions, would I have to inform them of a conviction in a foreign nation which was for conduct which would not constitute an offence in the UK? I'm thinking of something like kissing a woman in public in Dubai and getting done for whatever they call it over there.
Simon.
If I'm required to inform someone (prospective employer/insurer perhaps) of any criminal convictions, would I have to inform them of a conviction in a foreign nation which was for conduct which would not constitute an offence in the UK? I'm thinking of something like kissing a woman in public in Dubai and getting done for whatever they call it over there.
Simon.
ferrariF50lover said:
If I'm required to inform someone (prospective employer/insurer perhaps) of any criminal convictions, would I have to inform them of a conviction in a foreign nation which was for conduct which would not constitute an offence in the UK? I'm thinking of something like kissing a woman in public in Dubai and getting done for whatever they call it over there.
I don't know about "obliged". You'd probably be wise to, though, to leave no wiggle room at a later stage (Gross Public Indecency, for example, means less if you've explained the circumstances beforehand). Police records from overseas do find their way onto/into UK CRB checks. Cheers Fingers. You mention having a chance to explain and that was key to my thinking when I conceived of the question. I don't know because I've Bennett done it, but I suspect that when applying online for car insurance, if one selects 'yes' as answer to the "have you ever been convicted of a non-motoring offence", one is not necessarily offered the option to explain the circumstances which lead to the conviction. That could be expensive at worst and inconvenient at best.
Simon.
Simon.
ferrariF50lover said:
Since this one's been answered, can I interject with a similar but different question?
If I'm required to inform someone (prospective employer/insurer perhaps) of any criminal convictions, would I have to inform them of a conviction in a foreign nation which was for conduct which would not constitute an offence in the UK? I'm thinking of something like kissing a woman in public in Dubai and getting done for whatever they call it over there.
Simon.
No duty to disclose. It would be contrary to public policy and your article 8 rights for such a thing to be given any weight in the UK. If I'm required to inform someone (prospective employer/insurer perhaps) of any criminal convictions, would I have to inform them of a conviction in a foreign nation which was for conduct which would not constitute an offence in the UK? I'm thinking of something like kissing a woman in public in Dubai and getting done for whatever they call it over there.
Simon.
TheRealFingers99 said:
... Police records from overseas do find their way onto/into UK CRB checks.
How would that happen? The idea that a CRB check would somehow magically turn up an "offence" from Dubai is somewhat fantastical. There is no great big worldwide database of offences.ferrariF50lover said:
Since this one's been answered, can I interject with a similar but different question?
If I'm required to inform someone (prospective employer/insurer perhaps) of any criminal convictions, would I have to inform them of a conviction in a foreign nation which was for conduct which would not constitute an offence in the UK? I'm thinking of something like kissing a woman in public in Dubai and getting done for whatever they call it over there.
Simon.
Thinking of the OPs situation rather than your example, I'm sure that an insurance company would consider it relevant, wouldn't it come under the duty to disclose absolutely everything to avoid them getting slippery in the event that you make a claim?If I'm required to inform someone (prospective employer/insurer perhaps) of any criminal convictions, would I have to inform them of a conviction in a foreign nation which was for conduct which would not constitute an offence in the UK? I'm thinking of something like kissing a woman in public in Dubai and getting done for whatever they call it over there.
Simon.
Breadvan72 said:
How would that happen? The idea that a CRB check would somehow magically turn up an "offence" from Dubai is somewhat fantastical. There is no great big worldwide database of offences.
Although PNC is going international, though I am not sure to what extent or which elements of it.
Steve H said:
Thinking of the OPs situation rather than your example, I'm sure that an insurance company would consider it relevant, wouldn't it come under the duty to disclose absolutely everything to avoid them getting slippery in the event that you make a claim?
It's not in the UK, it's not recorded on his licence - why on earth should he tell them? How would they ever find out? If you feel fine disclosing a foreign driving conviction that has no weight in the UK and is cannot be found out about and paying through the roof premiums then knock yourself out.I wouldn't.
Steve H said:
Thinking of the OPs situation rather than your example, I'm sure that an insurance company would consider it relevant, wouldn't it come under the duty to disclose absolutely everything to avoid them getting slippery in the event that you make a claim?
Is there a duty to disclose absolutely everything? I thought there was only a duty to disclose absolutely everything they ask about. I've never had an insurance company ask, "now sir, consider every event that has occurred in your life to date and tell us about all the ones you guess we might be interested in".Once upon a time insurance was a contract of utmost good faith, ie the buyer had a duty to disclose any material facts whether or not the insurer asked about them. That duty was scrapped, as far as consumer contracts go at least, by the Consumer Insurance Act 2012, and now you (basically) only have a duty to answer the questions which the insurer actually asked. In practice utmost good faith had already been greatly diluted by the Financial Ombudsman, industry codes of practice etc.
If the question asked something like "have you ever been convicted of a motoring offence" and didn't specify "in the UK" then in the absence of any law which said that foreign convictions weren't disclosable, you would have a duty to disclose them. Whether your insurer would find out if you didn't disclose them is a different question.
If the question asked something like "have you ever been convicted of a motoring offence" and didn't specify "in the UK" then in the absence of any law which said that foreign convictions weren't disclosable, you would have a duty to disclose them. Whether your insurer would find out if you didn't disclose them is a different question.
Breadvan72 said:
How would that happen? The idea that a CRB check would somehow magically turn up an "offence" from Dubai is somewhat fantastical. There is no great big worldwide database of offences.
Dubai, I don't know. Swedish stuff (legal in UK at the time) certainly turned up on my CRB leading to instant dismissal a few years after the event. I'm no great conspiracy theorist, but the police forces of the world do like to promote an exchange of "intelligence". TheRealFingers99 said:
Dubai, I don't know. Swedish stuff (legal in UK at the time) certainly turned up on my CRB leading to instant dismissal a few years after the event. I'm no great conspiracy theorist, but the police forces of the world do like to promote an exchange of "intelligence".
But how serious are we talking? Speeding? Fraud? Murder? TheRealFingers99 said:
Well, who knows?
In my case, and at the time of writing, what I was busted for in Sweden is an activity carried out daily in full view of the Police and Customs, at Manchester and Heathrow airports, by greengrocers.
I didn't realise it was illegal to be working class in Sweden! Might move there in that case, sounds great.In my case, and at the time of writing, what I was busted for in Sweden is an activity carried out daily in full view of the Police and Customs, at Manchester and Heathrow airports, by greengrocers.
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