Does a Suspended Sentence go on a Criminal Record?

If you have been given – or suspect you might be given – a suspended sentence as punishment for an offence, you undoubtedly have questions about what this means for your day-to-day life. Most people are aware that suspended sentences mean you do not go to prison straight away, but what else do you need to know? In the remainder of this article, we consider key questions like ‘What is the purpose of a suspended sentence?’ and ‘Does a suspended sentence go on a criminal record?’, with more information on where to get help given at the end of this post.

What is a suspended sentence?

For some people, suspended sentences seem quite odd. They look and sound like a criminal punishment, but with one striking difference: you do not actually have to go to prison for the length of time stipulated in your sentence. But that does not mean that you are free to go back to ‘life as normal’. There are a number of strict conditions placed on your sentence that mean that one wrong move could land you right back in trouble.

Suspended sentences are a type of custodial sentence (the type of sentence that usually sends people to prison). The key difference is that the custodial (prison) element of the sentence is ‘suspended’ or ‘delayed’ for a period of time determined by the judge. If someone is given a suspended sentence of one year, for example, they will not go to prison straight away, but they will be placed under various restrictions for the duration of their sentence. These include being required to:

• attend regular meetings with a probation officer
• stick to a curfew (usually a time at night when the person must return home)
• participate in unpaid work programmes (sometimes referred to as ‘community service’)
• stay away from certain public places or events (such as town centres or sports matches)
• remain a resident at a specified address
• participate in prescribed rehabilitative or educational programmes
• attend a drug or alcohol clinic for treatment

Suspended sentences can be handed down for between 14 days and two years. At any point during the sentence, if someone breaches one of their conditions or is suspected of committing another offence, they will be taken to prison to serve the remainder of their sentence (plus any new time for the latest offence, if found guilty).

What happens if you breach the conditions of a suspended sentence?

You are understood to have ‘breached’ your suspended sentence if you violate – or break – any of the conditions that are placed on the suspension. Examples include not turning up to unpaid work shifts, being present in a place that you are not supposed to be, or changing address without informing your probation officer. Unfortunately, an especially common means of breaching a suspended sentence is the commission of another offence.

If these things happen, you may be arrested again and taken to prison immediately. For the most part, it is the Crown Court that deals with breaches of suspended sentences, and they may require you to spend the rest of your sentence in prison.

What is the purpose of a suspended sentence?

Many people, understandably, wonder what the point of a suspended sentence actually is. Even with strict conditions, the punishment is – for most people – nowhere near as bad as being sent to prison, and this had led people to question the very purpose of a suspended sentence. Academic opinions on this vary considerably, but in practice there are some very good reasons why suspended sentences are handed down:

• Suspended sentences often do a very good job of communicating the seriousness of criminal behaviour to an individual. For thousands of offenders every year, the threat of going to prison if they break the law one more time is enough to help them feel remorse for what they have done and focus on reforming their ways. This, ultimately, can be a very effective way of rehabilitating criminals.
• Suspended sentences are a form of probation, i.e. a period of time under supervision by a probation officer. Probation officers perform a key role in the criminal justice system and in closely monitoring the activities and behaviours of offenders can often help prevent reoffending. Reoffending is a huge problem in Britain, with just less than 30% of all those warned or convicted of for a crime in Britain continuing to engage in criminal behaviour. The reoffending problem is even worse in those who serve prison sentences of less than 12 months, as over 60% of those individuals go on to commit further criminal activity. A suspended sentence allows a probation officer to monitor and supervise an individual for a longer period of time, and this is thought to be effective in reducing the risk of reoffending.
• Suspended sentences, critically, reduce the actual number of people in prisons in the UK. The UK has a serious issue with overcrowding in prisons, with the Howard League for Penal Reform (one of Britain’s key organisations advocating better prison conditions) assessing that UK prisons currently hold around 8,000 more people than they are supposed to. UK prisons simply cannot accommodate the number of people served criminal sentences every year, and so suspended sentences are a preferred way of controlling – to an extent – an individual’s behaviour without actually incarcerating them.
• Finally, suspended sentences give the courts an opportunity to prescribe rehabilitative or educational programming for an offender that is much more comprehensive than that which might be available in prison. Offenders may be required to attend treatment for their addictions, learn new skills, participate in community service, or undergo education and training to help them correct their criminal behaviour. These means are much more effective at reducing reoffending than prison time, according to many experts.

Does a suspended sentence go on a criminal record?

The short answer is yes, a suspended sentence does go on a criminal record. Remember that a suspended sentence is a type of criminal punishment, just like a custodial sentence. Indeed, save for the fact that you are not sent to prison, many other aspects of the conviction are treated just as seriously as a prison sentence.

The Police National Computer (PNC) keeps a record of all suspended sentences. As with other types of criminal record, a suspended sentence will stay on that record indefinitely, which means it might show up on criminal record checks by the Disclosure and Barring Service (DBS), which could be sent to your prospective employers, educational institutions, and other public bodies who examine criminal records prior to accepting or admitting people into their jobs and schemes.

The other downside of the suspended sentence remaining indefinitely on the PNC is that the details of the suspended sentence may be used against you in any future criminal proceedings.

All that said, there are times when a suspended sentence may not show up on your record. When someone applies for a DBS check, they have to select what level of check they want (i.e. how much detail they want on the record): basic, standard, or enhanced. The basic disclosure shows only unspent convictions, and the standard and enhanced disclosures show spent convictions.

If you are worried about a suspended sentence coming up on your criminal record under a DBS check, one of the best things you can do is consult a solicitor before you say anything to the enquirer (a potential employer, for example). Some convictions do not need to be disclosed, so it’s important you check in advance.

If you do have to disclose the conviction, remember to be upfront and honest with the enquirer about the fact that you have criminal history. Rather than letting them find out for themselves, try to explain the situation first and take the opportunity to stress how you have changed since the conviction. Many employers have no problem employing convicted individuals (unless they are prohibited to do so by law) as long as they show that they have reformed their behaviours.

How do I know if my suspended sentence is spent?

After a certain period of time has passed, a suspended sentence becomes ‘spent’. If a conviction is spent, it may not appear on your criminal record (depending on the level of disclosure requested, as mentioned above) and for all practical intents and purposes, the sentence can basically be ‘ignored’.

The period of time required for a conviction to become spent varies. It depends for the most part on what would have been the original custodial sentence. If the original sentence was for less than or equal to four years, the spent times are:

• Sentence plus seven years, for sentences more than 30 months and less than or equal to 4 years.
• Sentence plus four years, for sentences more than 6 months and less than or equal to 30 months.
• Sentence plus two years, for sentences less than or equal to six months

For anything over four years, the conviction is never considered spent. This is true also for sentences that were handed down (at least in part) for public protection.

Where to get help with suspended sentences

If you need further information about suspended sentences and what they might mean for you or someone you care about, get in touch with the experts at Stuart Miller Solicitors today. Our highly trained team has decades worth of experience handling criminal defence matters and will be able to advise you on the best course of action going forward. Contact our team today for a no-obligation consultation.

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20:24 06 Mar 24

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10:14 16 Feb 24

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15:27 08 Feb 24

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20:42 07 Feb 24

Unfortunately I got myself into abit of trouble and didn't have a solicitor at the time. When I was in the police station I was asked if I wanted a solicitor and I said yes and I was then put in a cell till I was interviewed. Officer come to my cell to take me to my interview and asked if I wanted to consult with my solicitor I said yes, when we got to the Consultation room Mr Zeb was waiting for me and he ensured me that everything was going to be okay and this case will be solved with no problems at all and he was right I got NFA and the case was dropped that's all thanks to Mr Zeb he was very professional in this field and was intouch with me and kept me updated with everything that was going on. I will definitely use this firm again in future.

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20:48 06 Feb 24

We would like to say thankyou so much for all your hard work and support given not only to my husband through his court case but to myself as well. Extra thanks to Kibla, Sophie,Bobbie and our barrister Faisal Saifee for the great outcome.

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12:36 22 Jan 24

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22:14 20 Jan 24

Words can not do justice to Stuart Miller Solicitors. I am forever grateful to Mohammad Zeb and Savannah who came to me like angels along with their appointed barrister Harry Mcdonald when my son was on trial. With my son having three charges against him along with joint enterprise which included affray and violent disorder. They took the case on and from the very 1st day kept me updated with the progress and supported me throughout the case. With my son in remand and a serious injury to his face they kept him motivated and in the right frame of mind with video links. Also they were available to him even on weekends if he had any questions. Their guidance and professionalism was absolutely outstanding. Savannah was superb throughout this case. Her approach to everything made it easy for me and my family. The barrister Harry took the case on at short notice and what a outstanding approach he had. Being in court for the 1st time for my son he represented my son superbly. After arguing his defence for my son for 7 gruelling days my son was found not guilty of all charges. I can not praise Stuart Miller enough. A must go to firm if you are in a unfortunate situation and need legal help. Wish Mohammad Zeb, Savannah, Harry Mcdonald and everyone at Stuart Miller the very best for the future. A very big thank you from me and my family.

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23:14 19 Jan 24

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13:03 16 Jan 24

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19:05 10 Jan 24

Just spoke to this guy from this solicitors with a concern, And without even knowing me has listened and given me some reassurance and put my mind at rest...Thank you so much .

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20:09 05 Jan 24

They are very good Solicitors. There are 3 people I trust them very well. Small Mohammed. Luke, and Shamika Bonner, she is the best of all, and Luke is the best as well.

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19:54 19 Dec 23

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J Rowe

21:00 09 Dec 23

Thank you to Holly Lambeth and the team for my not guilty verdict at woodgreen Crown Court.

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11:13 06 Dec 23

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09:45 01 Dec 23

I just like to say a very big thank to Stuart Miller and the team but most especially Victoria, Mohammed Zebb, Kiran and the Receptionist for all their hard effort and now I'm on my way forward with getting on with my own life; Thank you so much StuartMiller and team. I've been with you people since 2012/2013 (roughly 7 years) I'll never forget them in my future career. stuartMiller are extremely kind and respectful. To all you solicitors aswell I wish you all best.Thank you.All the best.

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15:51 28 Nov 23

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05:40 27 Nov 23

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20:03 23 Nov 23

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10:48 23 Nov 23

I would like to thank the team at Stuart Miller for helping me with my case, especially Kate andTasnuva, they both were dealing with my case and helped be through it and i am very happy with the outcome. also there price for fighting on my behalf was reasonable compared to another company who were charging extortion money for first consulation.

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21:28 18 Nov 23

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03:12 15 Nov 23

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06:12 31 Oct 23

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20:51 25 Oct 23

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06:11 19 Oct 23

If you need a criminal defence solicitor that delivers results, contact Mr Zeb. He s the best in his field. From the moment I walked into Stuart Miller Solicitor's office, I knew I was in good hands. His unmatched expertise and personalized approach ensured that my charges dropped before the hustle of reaching out to court, and I couldn't be happier with the outcome. Stuart Miller Solicitors are very good but Mr Zeb is the best. I highly recommend him and the firm to anyone facing legal challenges

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18:59 17 Oct 23

Incredible legal team! I couldn't have asked for better representation during the most challenging period of my life. They're genuine care made all the difference in my case.

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13:11 17 Oct 23

Called Stuart Miller for advice. Bobbi was more than happy to advise me and answer all questions. When i had further questions, Mohammed personally called me to answer them in full. I can not recommend Stuart Miller highly enough and they went above and beyond, in taking the time to make sure all was taken care of and all questions answered.

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20:06 12 Oct 23

I spoke with Mr. Kibla regarding a query I had and he was so helpful and informative. Will definitely be using their services if ever needed.

Norrys 88

10:26 11 Oct 23

Thank you team stuart millerI was on a suspended sentence and i breachedA brilliant director from the firm saved me

Liz Lee

09:59 07 Oct 23

Just want to say a big ‘Thank you’ to Iysha who has represented my daughter in the police station. Iysha remained very calm and professional during this long, painful process while maintaining good communications with the family. She has provided useful advice to my daughter and demonstrated good expertise in this complex area. We hope to continue to work with StuartMiller and secure the best outcome for my daughter.

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12:42 04 Oct 23

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12:48 07 Sep 23

Unfortunately got myself in a situation where I needed legal representation. My solicitor was great, but attention needs to be drawn especially to Amirah. She well and truly went over and beyond what most people would do, to help me resolve the situation. Nothing was ever too much, in fact it was her who pushed things further than I'd have even asked her to, she really does care about not just her occupation, but the people she helps. Cannot say enough good things about her... not just good legal representation, but an actual lovely person who genuinely cares, and you don't get that very often anymore. So, thank you to Stuart Miller Solicitors in Wood Green, but definitely, more importantly, to Amirah.

Angela M

20:11 05 Sep 23

I would like to say a big thank you to Savannah Loizides. My elderly mother recently required legal assistance for a police interview as part of an investigation.Savannah was professional, caring and supportive. In the days and weeks following the police interview, Savannah has been helpful and informative answering my questions promptly.I would recommend Stuart Miller Solicitors and would not hesitate to contact them again if the need arises.

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14:38 12 Aug 23

My husband was represented by an solicitor who frequently appears on Tik TokWe had very minimal advice the service was shambolicWe had been referred to the director who saw us asap and understood the life changing dilemma he facedWe had proper legal advice and the eventual result was that my husband was found not guiltyI say this to the nation just get an appointment and speak to the teamSome of the people you see on social media are not worth itGuys this is your life . YOU HAVE ONE CHANCE GET THE TEAM AT STUART MILLERAll I can say is you will not be disappointed

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22:48 11 Aug 23

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Lou D

14:30 09 Aug 23

My husband an I are extremely grateful for Abu Kibla and his amazing support representing my husband under such time consuming circumstances. He was very helpful and made us feel at ease right away.We left pleasantly satisfied and would definitely recommend Abu Kibla to anyone needing representation.Thank you

Jake Elliott

11:46 02 Aug 23

Abu Kibla represented me for my second drink driving offence, and not only that I had no license or insurance. Perhaps I am exposing myself saying that but you need the context as Kibla managed to get my ban reduced from 3 years to 2.5, and only a 200 pound fine. Aside from being very professional at what he does, he's also a good guy, who has your back. He explained my situation to the judge in a clear way I wouldn't have been able to. Don't hesitate!

R M

20:05 01 Aug 23

I would like to thank everyone at Stuart miller especially to Kibla for their excellent work. At a time when things were very hard for me they helped me win my case. I hoped for total support from Stuart Miller when I instructed them, I got so much more. I would highly recommend Stuart Miller to anyone seeking for a reliable legal team. Many thanks again for everything, you were brilliant.

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08:21 29 Jul 23

Spoke to a director at 8 amIf I could give 10 stars I wouldAll my anxiety finishedThanks 👦

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13:37 28 Jul 23

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13:10 28 Jul 23

Thank you for all your help I am great full fir having such a great team who considered all my issues and got me the correct result

Nathan Hallway

12:59 28 Jul 23

Id like to say Thankyou to joe and tasnuva.They really helped me out and was so kind and thoughtful throughout.

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10:28 28 Jul 23

Brilliant application by Mohammed zebAlso thank you to the team

Bill

13:08 25 Jul 23

Contacted them, rang me back immediately gave me legal advice and said they would be there if ever needed. I can breath abit better with their advice.

Halil Su

17:49 21 Jul 23

I just wanted to say big thank you to MR MOHAMMED ZEB and FUNDA BOZKURT for helping me, I’ve know MR Zeb over 20 years. Best defence lawyer in London, I appreciate your time and efforts.Kind regardsMr Su

Mohammed Hussain

11:04 17 May 23

Excellent service from sincere highly qualified individuals who are truly motivated to help you with legal matters. I specifically want to thank Kelly Morris for her outstanding work in my case. She is an awesome lady and a fantastic legal professional who I simply cannot thank enough! Kelly I will never forget the day you called me with the good news. 10/10 service!Big thanks to Stuart Miller law firm also! I will be using this law firm if any future legal problems arise, but hopefully this will not be the case!

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19:57 19 Apr 23

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11:55 20 Mar 23

Helped me with a Tfl charge for carrying an escooter on the LU. Managed to get them to drop the charges on the grounds of public policy and disproportionate prosecution. Responsive, efficient and cost effective. Highly recommended,

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12:54 13 Mar 23

Each and every member of staff I spoke with were very helpful, friendly and informative, every step of the journey went smoothly and relatively stress free thanks to their professionalism and human touch. Thank you so much can’t praise you enough.

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19:08 11 Mar 23

Brilliant, from start right till the end strongly recommend

Skrobana Skrobanski

14:42 09 Feb 23

Abu Kibla helped me with Cases when I was younger. My experience with him was Great. Hes A very humble and great man who in my opinion puts his heart into his work. Ive been in trouble all my life and met Many solicitors but none can compare to this man. I Would highly recommend this Company to my friends and family and I can say with confidence this is The Company you are looking for.

ozkan albay

13:31 28 Dec 22

I’m very satisfied with the way all Stuart Miller staff has dealt with me all these years. I have been with Stuart Miller for over 15 years and had no doubt trusting them with my case and friends that I’ve recommended.Thank you for your hard work and hope you guys keep it up.Ozkan Albay

Richard Mills

20:56 30 Nov 22

Massive thanks to Abu and Savannah who dealt with my case, highly professional service provided, couldn’t recommend enough.Thank you!!

Mark Askew

14:47 21 Oct 22

Many thanks to Stuart Miller Solicitors and Reem Khatib in particular. In what is a very stressful, confusing and frustrating time she was the voice that kept everything clear and erudite for everyone involved. Reem's impeccable professionalism, approachability and friendliness made every interaction pleasant and useful. Thank you so much for all your help.

Tommy

15:32 10 Oct 22

Just Wantied to say a big thank you , Reem Khatib, for representing me after 2 and a half years of my case going on and with 3 different firms.I finally found the best one, Reem represented me for around 2 years.She’s so down to earth and has so much empathy. She really helped me at my lowest point. She has a way with words and really knows how to get things done, thank u so much.barrister Ronan McCain was extremely excellent they make such a great team so happy it’s finally over.

Dragon 100

14:50 24 Aug 22

Alexis at Stuart Miller's was very helpful and helped me with every step to help me beat my case

Jahnel Palmer

08:22 11 Aug 22

I really don't know where to start, but this firm is amazing. From my initial contact, then my first meeting With Mr Zeb, I knew I was going to be in good hands.I found myself in a very difficult situation in March 2019 and my case did not come to an end until July of this year. Throughout, there has always been good communication and although the outcome of my case was not looking good, I'm glad the team were honest about what to expect.I would like to thank Reem Khatib especially, who went above and beyond. I couldn't have asked for a better solicitor. Very thorough and informative and helped put my mind at ease as there were several aspects of my case that made things extremely difficult. One thing I loved about Reem was that she cared. Really, really cared, which is what you want in a situation like this. In the lead up to my sentencing hearing, Reem was abroad and still checked in with me.I was expecting a custodial sentence with a starting point of 5 years and managed to leave court with a suspended sentence/community service. This could only be down to Reem's dedication and hard work. Nobody expected this and I am very glad to have had her working on my case. As well as my Barrister, Lily, special thanks to you also. I really don't think I would have had this outcome had it not have been for you two.I am glad this is finally over and once again would like to express my heartfelt gratitude to Reem. She really fought for the best possible outcome, which I received.I will never find myself in any trouble again, but would highly recommend Stuart Miller Solicitors for anyone that may need a solicitor.Thanks againJahnel

Alexander Ioannides

15:41 28 Jun 22

thank you so much to Selina for her service and Stuart miller on my hearing after a long trial justic was truley served not guilty i recommend stuart and miller for a true brilliant result

karen kianfar

16:39 24 Jun 22

I highly recommend! A lady I spoke to called Donna was extremely helpful. Thanks again.

Deniz Arif

16:49 11 Jun 22

I was recommended to speak to selina. I called her out of office hours to assist with a arrest.She was extremely helpful, considerate and knowledgeable regarding the incident. I could see that she had mine and my families best interests at heart as a criminal defence paralegal. I would definitely recommend her for anyone that finds themselves in a sticky situation.

Stewart Skipsey

12:58 08 Jun 22

I would like to thank everyone, especially Salina who handled my case so professionally. She was always in the office, when I needed to speak with her, always approachable and always giving me sound advice, even the lady in reception was very honest and professional, everyone at Stuart Miller solicitor's take a bow, i will always remember you all and the result you got me, a big fat not Guilty, God bless

Josh Smart

10:44 25 May 22

Kate Blackmore was in charge of my case, she was fully professional, made me feel at ease, kept me fully informed at all times and would always respond in a timely manner, Kate always address all of my questions and worries very thoroughly. Definitely recommend

Tkay #6

16:53 19 May 22

Stuart Miller helped me navigate through the legal process for the first time, providing excellent guidance throughout the entirety of such a stressful period. I would like to thank Selina Guler for her wonderful work in preparing my defence, as well as Joe Barlow, who were exceptionally helpful throughout the process, explaining everything that arose in detail so as to ensure I could make informed decisions throughout. My experience felt personalised, and gave me the reassurances I needed to calm my nerves, in comparison to the regular ignorant demeanour that typically comes hand in hand with law firms. I felt supported and in safe hands from my initial enquiry right through to the end.

Seven Horses

21:49 17 May 22

Phenomenal, communication was immeasurable, especially Dee, went the extra mile.

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