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Alice H
Alice H, Solicitor/Partner
Category: Law
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Experience:  Partner in national law firm
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Joshua. I am applying role in Occupational Therapy.

Resolved Question:

Hi Joshua. I am applying for a role in Occupational Therapy. The application states that 'you are required to declare any convictions, cautions and reprimands that are not covered by the 'filtering' rules.' As far as I can gather, the filtering rules should rule out the need to declare 'Possession of Illegal Substances' after 6 years. I have a caution from 9 years ago and do not believe I need to declare this. However, the filtering rules mention that Clause 19 is not covered, and this is very ambiguous from my perspective ('It is an offence for a person [F1[F2to attempt to commit an offence under any other provision of this Act or to incite or attempt] to incite another to commit such an offence][F1to incite another to commit an offence under any other provision of this Act]. This seems to cover every possible offence! Could you advise if I need to declare this old caution in the application? Thank you!
Submitted: 2 years ago.
Category: Law
Expert:  Alice H replied 2 years ago.
My name is ***** ***** I am happy to help you today. What piece of legislation are you looking at please?
Customer: replied 2 years ago.
Misuse of drugs act 1971.
Customer: replied 2 years ago.
In the UK!
Expert:  Alice H replied 2 years ago.
I'm in the UK too :)
Customer: replied 2 years ago.
Just checking! Sorry.
Expert:  Alice H replied 2 years ago.
It's not a problem - I need to be clear what law you're cross-referencing.
Expert:  Alice H replied 2 years ago.
Where exactly are you looking for the filtering rules and I will look at wording for you?
Customer: replied 2 years ago.
I just went to send you the link from the application and they are saying the site is down for maintenance. I want to cry!
I can go by what I have in my notes which is they claim the following sections of the misuse of drugs act 1971 are never filtered:Section 4(3)
Section 19
Section 20I received a caution for the possession of a small amount of a class A drug over 9 years ago. The application is for a job in Occupational Therapy ( it's Assistant Level) working with children. I have read through the legislation they are referring to. I don't think section 4(3) or 20 apply to possession but section 19 is very very tricky to interpret.Does this help?Emma
Expert:  Alice H replied 2 years ago.
OK, I can see where your confusion has arisen.
You are looking at section 19 Misuse of Drugs Offences Act 1971 which deals with 'incomplete' offences e.g. An attempt to commit an offence.
This has no relevance whatsoever to you.
You admitted possession of drugs and received a caution. That is the end of the matter. Section 19 would only arise if you had attempted to commit that offence - but it doesn't matter because you obviously admitted possession not attempted possession.
In short you were given a caution 9 years ago. You don't have to declare anything older than 6 years. The caution is spent; it's very old and the filtering rules that you mention will have no bearing on you.
There is no reason for you to disclose the caution as far as I can see.
Expert:  Alice H replied 2 years ago.
By the way:
S.4(3)is production and supply of drugs
S.19 is attempting to commit an offence
S.20 is inducing another to commit an offence
If you did not do these things then the rules do not apply to you.
Customer: replied 2 years ago.
Thanks Alice. yes, that's what I have them down as too. The question on the application reads as follows:Have you at any time received or had pending a criminal conviction, caution, warning, reprimand or bind over (known as a spent conviction) that is not covered by the filtering rules? The sections i detailed were the only ones that are never filtered. So, just to check...I'm ok not to disclose.
Expert:  Alice H replied 2 years ago.
I would agree with your analysis. If s.4, 19 and 20 are never filtered there cautions or convictions relating those section would have to be disclosed. Anything is 'spent' and does not have to be disclosed.
Customer: replied 2 years ago.
Finally, another question in the form is 'have you any unspent criminal convictions or bindovers, or any cautions, warnings or reprimands' just to triple check as mine is over 6 years I am ok to say no to this.
Expert:  Alice H replied 2 years ago.
It doesn't apply to you - your caution from 9 years ago is well and truly spent :)
Customer: replied 2 years ago.
Ok fine. I won't declare it then. Where do we go from here? Do I say cheerio now?
Expert:  Alice H replied 2 years ago.
No problem. Please take a moment to rate my answer - there should be some smiley faces or something similar on your dashboard. The biggest grin is for a happy customer :) Thanks
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Customer: replied 2 years ago.
Lovely. I will give you a big smileūüėÄ