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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 7541
Experience:  28 years as a practising solicitor.
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I was admonished of a attempt to commit assault and holding

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I was admonished of a attempt to commit assault and holding a weapon (knife) at the age of 16. I was going through a fairly terrible time at home and was being bullied at school. Since then I have gained two Univerisity degrees and have been teaching for the last 10 years abroad. I would dearly like to teach in the UK and start my PGDE. The offence was committed 19 years ago. Would this show up in an enhanced disclosure? I am at my wits end as I am now a father and would like carrying on with what I do whilst giving him the opportunity to grow up in the UK. I was not charged with actual assault as I walked away and did not harm anyone. Can you help me please?
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.
Thank you for your question.

It is a bit of a lottery whether a conviction at an early age a long time ago would show up on an enhanced disclosure or a PVG application. I would like to tell you that it will not, and the chances that it will not are good, but I can't guarantee that.

The reason for the uncertainty is the transfer, or not, of criminal records information from place to place and computer system to new system as well as certain records just being deleted over the passage of time.

There seems to be no consistent rules on the matter and it is luck of the draw.

However as it was a conviction it would also show up on a basic disclosure which you can do yourself. If it doesn't show on a basic it is also unlikely to show on enhanced.

I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 1 year ago.

Hi,


 


I applied for a basic disclosure and it was clear. I also worked for disclosure Scotland for about a year. I know there is a weeding out of about 20 years but I am worried given that the new home secretary has advised that certain convictions can never be weeded out. Certainly as i want to work with children the ROA does not apply but I am unsure as whether I was discharched or admonished.. I did wait for 6 months after my first court appearance for a second court date and was then cleared with no fine but I am not sure how this will affect me. It was attempt and not actual assault and I haven't had any contact with the police since.However given that a weapon was quite foolishly involved I don't know how this will affect my future. I am a dedicated teacher and have been working abroad in public schools under my basic disclosure. To be honest I just want to continue my proffession at home. Can you direct me anywhere that would allow me to seek out this information as I can't apply for an enhanced disclosure myself.

Expert:  JGM replied 1 year ago.
There is nowhere that I am aware of that can give you this information as an individual. The crown is exempt from The data protection legislation and you have already done a basic disclosure. The fact that it is clear is good news. Whether you were admonished or discharged absolutely would make no great difference after such a long period.

On balance I would say that you are clear but the only way you will find out is when the search is done.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 7541
Experience: 28 years as a practising solicitor.
JGM and 2 other Scots Law Specialists are ready to help you

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