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Australian passport holder wants to go home but with a UK drug conviction

I have dual nationality Australian/British, and want to go to live in Australia, but I acquired a drug conviction last year. I did Community Service, paid a fine and have a suspended sentence which ends next summer 2016. Anyone know if I can go to live in Australia whilst on the suspended sentence?


  • For those who don't know, a suspended sentence is a legal term for a judge delaying a defendant serving a custodial sentence after they have been found guilty, in order to allow the defendant to perform a period of probation. If the defendant does not break the law during that period, and fulfills the particular conditions of the probation, the judge usually dismisses the sentence

    At the same time as passing a suspended sentence the court may impose on the offender certain requirements with which they must comply for the duration of a supervision period. The supervision period must not be longer than the suspended Those requirements are:

    unpaid work requirement;

    activity requirement,

    programme requirement;

    prohibited activity requirement;

    curfew requirement;

    exclusion requirement;

    residence requirement;

    mental health requirement;

    drug rehabilitation requirement;

    alcohol treatment requirement;

    supervision requirement;

    attendance centre requirement (where the offender is aged 25 or under).

    If you have been allocated a probation officer then you have a supervision requirement , if you have an exclusion requirement there are places you can not go to.

    If you breach any of the requirements you can be arrested and go to prison. You really need to speak to your criminal solicitor and /or probation officer if you have one,

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