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ScotsLawPro, Solicitor
Category: Scots Law
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Experience:  LLB (Hons), Dip LP, NP
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I was convicted of a Breach of the Peace 4 years ago in Scotland.

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I was convicted of a Breach of the Peace 4 years ago in Scotland. I went to court as was not advised by my lawyer that this could be dealt with as a fixed penalty notice. Do I have to declare this as a "conviction" or is it still dealt with as a fixed penalty notice? I am concerned as want to apply for a US holiday visa, home insurance and I work in a profession that should I choose to move jobs will result in an enhanced CRB ( my current employer is aware of the episode). Hope you can advise.



Thanks for your question.


Firstly let me deal with the fixed penalty issue. The choice whether this is dealt with by fixed penalty or by prosecution is entirely for the Procurator Fiscal at the time the case is marked. They quite clearly decided to prosecute and no intervention by your lawyer would have changed this decision. No fault can be attributed to that person.


A Breach Of The Peace is a conviction and should be declared to employers for a period of 5 years if you were fined for the offence, and were over 18 at the time (the period is halved if you were under 18) or for a period of 6 months if you were admonished. It is not a conviction that will have an adverse effect on employment and I can't think of any occupations that would disqualify you for having this conviction. I know lawyers, doctors and even policemen who have been convicted of a BOP both before and during their employment and none of them have been sacked or refused employment.


I doubt very much that the US would refuse you entry for this conviction but you should declare it as if they found out you had it and didn't declare it they almost certainly would not allow entry.


You do not need to declare it for house insurance purposes.


Hope this helps. Please click ACCEPT for my time to be credited.



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