Travelling Abroad Whilst Serving A Suspended Sentence

[Richardaj2005]

Can I go on holiday to Mexico. I have been sentenced to 3 months suspended for 18 months by magistrates and a community service order? For common assault.

[Peter Pedant]

from another site ( cavvernman - but I am sure he wouldnt mind the credit)

For those travelling from UK to Mexico remember these points:

Direct flight to Mexico - no problem or having to declare/get visa

However if your flight has a stop of at a US airport to get connecting flight to Mexico, and you have a criminal record you will not be allowed to transit US soil without getting a proper Visa from US embassy before travel. Lot's of UK people have fallen foul of this and then put back to UK on next flight! :o)

Edited: 16 February 2013, 19:07

[New Judge]

What requirements were there attached to your suspended sentence order? (That's what it would be. You cannot be served a Community Order and a Suspended sentence order at the same time for a single offence). Were there any such as a Supervision Requirement or an Unpaid Work Requirement which would require you to attend regularly as directed by the probation service?

[New Judge]

In short you need to worry about whether you can leave the UK before you consider whether you can enter Mexico (whether directly or via the US).

[Richardaj2005]

Sorry. My solicitor has told me it would be either suspended sentence or community order, I have already Ben found guilty sentencing is next week but holiday already booked.

[New Judge]

That's different. I thought you had already been sentenced.

If you are handed any requirements that mean you must attend (say) for unpaid work, you will have to discuss that with your probation officer. If you are represented at the sentencing hearing your solicitor may wish to raise it with the Magistrates. It is unlikely that the court will impose a sentence that means you have to cancel your holiday (unless, that is, they impose an immediate custodial sentence).