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Conviction abroad, anyone experience in what happens when returning to UK?

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markjenkinks064

Member since
April 2023

6 posts

Hello everyone. My brother lives in Austria and got a criminal conviction there for downloading child porn, he got a fine. We know that the British police have been made aware of this because there is this agreement from the EU and UK to share these kinds of details

Now we want to know what could happen to him if he visits us. We have three young children (boys, his porn had only girls). If he comes for a 1-2 week holiday and stays with us, will the police come by and tell him register? Or will they ask for A SHPO? What is going to happen? What if he wants to move back to England?

We are really worried about him and his future. He doesn't have any registration requirement in Austria so he can just stay there like normal. But we and the kids adore him and want to see him. We dont know what to do. Has anyone been in this position for foreign convictions?

Posted Tue May 2, 2023 1:31pmReport post

BaffledB

Member since
July 2021

876 posts

Hi Mark,

Just wanted to reach out to say I'm not 100% but I really don't think there would be an issue. The police would have no power to do anything and a SHPO would have to go through the courts which without a crime being committed wouldn't be possible. The Unlock charity may be able to clarify further.

The correct terminology for this type of thing would be Indecent Images of Children (iioc) for future reference :)

Posted Tue May 2, 2023 10:54pmReport post

edel2020

Member since
March 2022

540 posts

My understanding is that if the person were a UK national, returning to live here permanently, then they would go on the register.

But if they are a tourist, then they don't.

Posted Wed May 3, 2023 10:44amReport post

markjenkinks064

Member since
April 2023

6 posts

Hi guys, appreciate your responses.

I did email Unlock, they weren't too sure. I even paid to talk to a solicitor and they are not 100% sure either because it is so unsual. But they seem to suggest for short term visits he wouldn't have to register and an SHPO would not be enforceable since he lives out of the country.

Still would be nice to get some experiences from those that have been in these shoes!

Posted Thu May 4, 2023 7:59pmReport post

markjenkinks064

Member since
April 2023

6 posts

BaffledB - do you mean a crime being committed AFTER his conviction in Austria?

I read about that - but I am not sure how strict they are with that rule you know? Maybe they just would want to ask for an SHPO and see what happens at court..

Posted Thu May 4, 2023 8:00pmReport post

edel2020

Member since
March 2022

540 posts

I did read about a case where a UK national was deported back to this country, after being convicted in the USA. He did need to register, but he was here permanently.

The college of policing website might be a good place to look for advice.

Posted Fri May 5, 2023 11:31amReport post

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