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Alex Hughes
Alex Hughes, Solicitor/Partner
Category: UK Traffic Law
Satisfied Customers: 2356
Experience:  Partner in national law firm with 25 years legal experience
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I was convicted and fined in Guernsey about 15 years ago for

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I was convicted and fined in Guernsey about 15 years ago for possession of drugs. I did not get a custodial sentence just a fine and was allowed to continue my holiday there. Will this show up in a UK CRB check? Also do I need to declare this,

I appreciate your time in answering this
Submitted: 11 months ago.
Category: UK Traffic Law
Expert:  Alex Hughes replied 11 months ago.
My name isXXXXX and I am a Solicitor based in London. I'm happy to help with your question today.

Are you now living in England? For what purpose do you need to have a criminal record check done?
Customer: replied 11 months ago.


No I live in SE Asia and I need this "clean police record" as my company HR rep described it for work visa for Angola.


 


As to what exactly clean police record is I don't know but I do know that there are various types i.e. for spent convictions etc

Expert:  Alex Hughes replied 11 months ago.
OK and just to clarify - will they be asking for a certificate from the Disclosure and Barring Service UK (formerly known as CRB)?
Customer: replied 11 months ago.


Alex,


To be honest I have no idea. I see on website 'Disclosure Scotland' Im originally from Scotland, that the basic form just includes Unspent convictions the rest include spent, cautions, etc. Kind of hoping that the basic one will suffice

Expert:  Alex Hughes replied 11 months ago.
OK. Please bear with me while I type and answer.
Expert:  Alex Hughes replied 11 months ago.
Thanks for your patience.

Guernsey does not form part of the United Kingdom, the Commonwealth of Nations, or the European Union. It is an independent state politically and legislatively. As such convictions in Guernsey are not automatically sent to the UK authorities.

According to the Association of Chief Police Officers Criminal Record Office FAQs "...If you have been convicted in a country outside of the EU the conviction details MAY be forwarded to the UK. When the Non-EU Exchange of Criminal Records (NEU-ECR) team in ACRO receives such information, and an equivalent “recordable” offence is found, they will also update the PNC and inform Scotland and Northern Ireland where applicable..."

What this basically means is that Guernsey might send conviction details and if such details are sent then they will be logged on the Police National Computer and then uploaded for a criminal record check by DBS.

Unfortunately, and somewhat perversely, the only way of finding out whether the Guernsey conviction has been sent to the UK authorities is by doing a criminal record check and obtaining a certificate. There is no way of finding out whether the conviction will be on the record or not until this has been completed.

Under English Law I can confirm that a conviction which results in a fine is spent after 5 years (Rehabilitation of Offenders Act 1974). This means that you are not required to disclose this conviction and it cannot be held against you in the UK. However, the authorities in Angola may want to know about ALL convictions (spent and unspent) and if that particular question is asked then you must disclose the Guernsey conviction. If you are simply asked whether you have any unspent convictions then you can safely say 'no'.

I hope this sheds some clarity on the situation. Please remember to rate my answer. Happy to discuss further.

Alex

Alex Hughes, Solicitor/Partner
Category: UK Traffic Law
Satisfied Customers: 2356
Experience: Partner in national law firm with 25 years legal experience
Alex Hughes and other UK Traffic Law Specialists are ready to help you

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