absence from home

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    Garry Payne

    A person went abroad with an intention to return within 13 weeks
    went abroad 29/8/04 to Iran with open airline ticker for 3 months
    however whilst abroad borowed a car and got involved in a car crash as he had no insurance was imprisoned on the 25/9/04 with no trial .Was eventually released on the 10/4/05 when he found a solicitor who could speak his language.

    Temporary absence changed part way through period from 13 to 52 weeks

    The person has been unable to provide any documentary evidence of his sentance , release paperwork or the solicitor who arranged his release.

    On lack of evidence would assume that he was not on remand but sentenced therefore no entitlement under 52 week rule.

    I dont think we could cover on 13 week rule also.

    Could I please have any comments.



    Don’t have a car crash without insurance in Iran. 😯

    Seriously though, you can certainly pay up to the 25/09/04 under the 13 week rule, as it was his intention to return within 13 weeks when he initially went abroad. The fact that subsequent events meant he didn’t return when anticipated doesn’t negate that original intention.

    As from the 25/09/04. Erm…..I think you have highlighted that it depends whether his imprisonment was analogous to remand or a sentence and in the absence of any documentation I think you are going to have to make an adverse inference on the matter.

    Carol Meredith

    Asked Iranian brother-in-law about this at the weekend. Apparently in Iran if you are involved in a road accident where there is a fatality you are automatically imprisoned without trial until yiu are proven innocent. In all cases anyway there is an assumption of guilt until proven innocent. Also anyone who cannot or will not pay a fine (could include on the spot ones for motor offences) can be imprisoned and you can choose to reduce a fine by spending time in prison instead. You can also buy part of a prison sentence by paying a fine.
    He was very dubious about the language problem with a solicitor though because he says all law practitioners in Iran have to speak English, so if your claimant does speak English, a legal rep would be no problem.
    Not sure this is any help to you though!

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