How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask JGM Your Own Question
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11277
Experience:  30 years as a practising solicitor.
Type Your Scots Law Question Here...
JGM is online now
A new question is answered every 9 seconds

I have pleaded guilty on section 196 of the criminal

Customer Question

Hello, I have pleaded guilty on section 196 of the criminal procedure ( Scot ) act 1995 in Feb 2015 and paid £140 fine and received my licence endorsed with 4 penalty points. However this appeared on DRB and the University of Sunderland, in England cancelled my place as a trainee teacher at a secondary as they said the Department of Education didn't approve my registration as I have a trace on DRB whereas I declared no conviction record on my application ghrough UCAS. Please advise.
Submitted: 1 year ago.
Category: Scots Law
Customer: replied 1 year ago.
Is this a conviction ? if not, how can I remove it and deal with the Department of Education in England ?
Expert:  JGM replied 1 year ago.

Hi, I'm a solicitor in Scotland and will help you with this. Section 196 of the 1995 Act isn't a specific criminal offence. It relates to discounting a sentence for an early plea of guilty. What specific road traffic offence did you plead guilty to and when?

Customer: replied 1 year ago.
Road traffic regulation act 1984 s81 & 89 offence. I pleaded guilty around Feb as I received the enforcement order on 18/02/2015. I dealt with the matter without delay.
How can I remove the record & timescale & cost ?
Expert:  JGM replied 1 year ago.

You mean speeding. Was it dealt with by the court? Were you offered a fixed penalty? What was the speed limit and what was your speed? Why did you lie on the UCAS form?

Customer: replied 1 year ago.
I thought it wasn't the conviction record, Yes, It was dealt by Selkirk Peace court. I paid £140 and 4 penalty points after discount. teh speed limit was 30 and my speed was 35. Are you saying this was a conviction ?
Expert:  JGM replied 1 year ago.

Yes it was a conviction. Any court proceedings where you plead guilty is a conviction. You can't remove this. Your only remedy is to appeal to the education authority on the basis that the office is so minor as to merit disregarding it completely.

Customer: replied 1 year ago.
How long does this record stay with me ? is it forever ?
Expert:  JGM replied 1 year ago.

Yes, it is.

Customer: replied 1 year ago.
Expert:  JGM replied 1 year ago.

You're welcome. Don't forget to leave a positive rating on the system so that I am credited for my time.