SA old charges/suppression order

[Nnn]

Hello all,

A decade ago I was falsely accused of r**e. I was arrested, charged, went to court, then charges were dropped by prosecution, due to there being no evidence. I haven't thought much of it since.
I recently applied for a blue card as part of a job I'm going into, and it the application has come back with concerns and mentions the charge.

Is the charge even meant to be on my record anymore? Given its age, the fact it was only a charge and dropped?
Is there a way it can be removed, due to the fact it was dropped?
Is there anything else I can do?

I feel weird even having to talk about it, or ask about it in a forum, but it's a little disorienting having it pop up and affect my potential career.

Any help or advice would be good.
Any lawyers or courts to contact etc. I don't know where to start or who to contact.

I have already replied in regard to the application concerns, but I don't know what happens now.

 

[Deleted member 12925]

Hello all,

A decade ago I was falsely accused of r**e. I was arrested, charged, went to court, then charges were dropped by prosecution, due to there being no evidence. I haven't thought much of it since.
I recently applied for a blue card as part of a job I'm going into, and it the application has come back with concerns and mentions the charge.

Is the charge even meant to be on my record anymore? Given its age, the fact it was only a charge and dropped?
Is there a way it can be removed, due to the fact it was dropped?
Is there anything else I can do?

I feel weird even having to talk about it, or ask about it in a forum, but it's a little disorienting having it pop up and affect my potential career.

Any help or advice would be good.
Any lawyers or courts to contact etc. I don't know where to start or who to contact.

I have already replied in regard to the application concerns, but I don't know what happens now.

As a general rule convictions are usually regarded as spent after a period of 10 years without further conviction has lapsed and will not appear on a criminal history check. However, there are exceptions to this rule for certain offences. A conviction for the offence of r**e is an exception to this rule. A conviction for this offence is required to appear on a criminal history check no matter how old.

 

[Nnn]

As a general rule convictions are usually regarded as spent after a period of 10 years without further conviction has lapsed and will not appear on a criminal history check. However, there are exceptions to this rule for certain offences. A conviction for the offence of r**e is an exception to this rule. A conviction for this offence is required to appear on a criminal history check no matter how old.

It wasn't a conviction though. Charges, zero evidence, charges dropped. Yet still visible in the same way a conviction would be for blue card etc

 

[Deleted member 12925]

All charges that have been brought before the Court will appear on your criminal history.

You have what is called a 'non-conviction charge' which is still assessed for blue card purposes.

“non-conviction charge” – This definition refers to any charge that does not result in a conviction. This is intended to capture charges: - that result in an acquittal after a trial (found not guilty, charge dismissed); - that are withdrawn by the prosecution and do not proceed to a court decision (nolle prosequi); - where the court has found a person guilty but not recorded a conviction; - where the court is unable to decide a matter (eg unfitness to plead).

This charge should appear as having been withdrawn by the prosecution. As r**e is a charge that falls within the class of charges that are not permitted to be spent, the charge will remain on your record.

Your application for a blue card will not be automatically excluded if you non-conviction charge on your record. The assessor will require you to provide information about the circumstances of the charge. If your explanation of the circumstances is considered to be satisfactory your blue card will be accepted. You are able to appeal a negative decision to the relevant Administrative Tribunal in your State.

Good luck with your application.

Hope this helps.

 

[Nnn]

Thanks, that's good to know. I was initially quite concerned about it, because I was told after it was dropped that it wouldnt be visible on my record or affect my life. So having it pop up was a shock to me.

Thanks for the info, I imagine it will all go smoothly from here

 

[Hanna jaye]

All charges that have been brought before the Court will appear on your criminal history.

You have what is called a 'non-conviction charge' which is still assessed for blue card purposes.

“non-conviction charge” – This definition refers to any charge that does not result in a conviction. This is intended to capture charges: - that result in an acquittal after a trial (found not guilty, charge dismissed); - that are withdrawn by the prosecution and do not proceed to a court decision (nolle prosequi); - where the court has found a person guilty but not recorded a conviction; - where the court is unable to decide a matter (eg unfitness to plead).

This charge should appear as having been withdrawn by the prosecution. As r**e is a charge that falls within the class of charges that are not permitted to be spent, the charge will remain on your record.

Your application for a blue card will not be automatically excluded if you non-conviction charge on your record. The assessor will require you to provide information about the circumstances of the charge. If your explanation of the circumstances is considered to be satisfactory your blue card will be accepted. You are able to appeal a negative decision to the relevant Administrative Tribunal in your State.

Good luck with your application.

Hope this helps.

Good morning Glen,

Do you mind clarifying if the below is classified as “time spent”. If the accused was charged and found guilty of common assault and A interim DVO was granted in November 2009 with the actual final DVO granted I think from memory in the December 2009. The accused person than inflicted serious injuries on a child in 2012 that due to swish cheese effects was not brought before the courts and charges laid until May 2019 for that child. In addition the same accused person mentioned was found guilty for the 2012 incident only this year in 2020.

To clarify does this mean “ spent conviction” and when the judge attempts sentencing in the near future those past charges won’t be on the accused file that she has requested to make her sentencing verdict and or at the least taken into consideration? From what I have looked up it seems to be a spent conviction but a few factors are grey to me.

My understandings are no further charges have been brought to the courts for the accused other than these but as the accused may appeal this decision as their legal team advised they are; bare minimum information has been provided to protect the case other than ISO is expected result.

The recent charges tried were GBH which was not successful, instead the backup charge of “assault occasioning actual bodily harm” was met at the highest threshold in the magistrates decision. (Sentencing verdict pending).

Based on what you wrote does this mean the accused criminal history regarding charges in November 2009 for DV and prior DVO won’t be taken into account in the sentencing verdict as time spent will occur? Noting this case commenced in the 9 year post common assault charges /first final DVO and had trial / hearing within the same year~ it’s just the decision that falls out of the 10 year mark.

What sentencing outcome is most likely expected to result in these types of cases and how the magistrates would be expected to deem criminal cases like these ? Does spent convictions even occur within criminal court have I read right that they do ? Would this case be one of the kinds of cases that they consider everything? Clarification would be appreciated