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JG_Legal
JG_Legal, Barrister
Category: Law
Satisfied Customers: 46
Experience:  Experience of consumer law, financial regulation and criminal law.
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I have been denied security clearance by Surrey Police for

Resolved Question:

I have been denied security clearance by Surrey Police for failing to declare a penalty notice for shop lifting in 2008. the question was; have you ever been issued with a penalty notice for disorder or cautioned or convicted of a criminal offence.
as a fixed penalty is not a caution and paying the said penalty was supposed to have absolved any criminal liability, i answered no and the only penalty notice referred to in the question is that for disorder.
i am going to appeal as this decision will have a direct effect on my employment at this time.
how do i stand legally?
thank you
Submitted: 1 year ago.
Category: Law
Expert:  JG_Legal replied 1 year ago.
There is no offence called 'disorder', there is an offence of 'violent disorder' which is effectively an affray, so I don't really understand what the question was asking about. Perhaps it meant disorder in the sense that you've done something wrong, and received a penalty for doing something wrong. However, it is unclear if that's the case.Have you been denied clearance because they say you misled them or because you received a penalty?
Customer: replied 1 year ago.

Hi

They are saying I failed to disclose the penalty notice, but again the only penalty notice referred to is for disorder

Regards

Thanks Bruce

Expert:  replied 1 year ago.
Ok, so they're saying its that you misled them. In that case I think you have a good argument as 'disorder' is not actually an offence. And where a question like that is unclear, the ambiguity should be construed in your favour i.e. you get the benefit of the doubt if there is any ambiguity.If I have answered your question please accept my answer. If you require further clarification please ask.
JG_Legal and 3 other Law Specialists are ready to help you
Customer: replied 1 year ago.

Hi.

Thanks.

Shop lifting isn't considered a disorder is it?

Expert:  JG_Legal replied 1 year ago.
No.If I have answered your question please accept my answer. If you require further clarification please ask.
Customer: replied 1 year ago.

Thank you for your time.

Regards

Tony

Expert:  JG_Legal replied 1 year ago.
If I have answered your question please press the accept button. Thanks.