Patel, R. v

Patel, R. v

Section 14(1) of the Powers of Criminal Courts (Sentencing) Act 2000 deems a conditional discharge not to be a conviction for purposes outside the original proceedings and breach proceedings; therefore, the defendant's answer to the employment application was not a false representation and the prosecution could not succeed.

Parties
Respondent Defendant: Rupal Patel; Applicant Crown: Regina (Crown)
Jurisdiction
England and Wales
Judgment Date
25 October 2006
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Under S.58 Criminal Justice Act 2003
Outcome
application dismissed; defendant acquitted
Legal Topics
Conditional Discharge, False Representation, Employment Application, Conviction Definition
Criminal Law Conditional Discharge False Representation Employment Application Conviction Definition

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Parties

Rupal Patel

Respondent Defendant

Regina (Crown)

Applicant Crown

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Under S.58 Criminal Justice Act 2003

Legal Issues

  1. 1 Whether a conditional discharge counts as a conviction for the purposes of employment application questions
  2. 2 Whether the defendant's answer to the conviction question constituted a false representation under section 16 of the Theft Act 1968

Ratio Decidendi

Section 14(1) of the Powers of Criminal Courts (Sentencing) Act 2000 deems a conditional discharge not to be a conviction for purposes outside the original proceedings and breach proceedings; therefore, the defendant's answer to the employment application was not a false representation and the prosecution could not succeed.

Court Disposition

application dismissed; defendant acquitted

Orders

  • Defendant stands acquitted as provided by section 61(3) Criminal Justice Act 2003
  • No reporting restrictions on identification of acquitted defendant