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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11434
Experience:  30 years as a practising solicitor.
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Scottish law required My husband was in court in July in

Customer Question

Scottish law required
My husband was in court in July in Scotland for a breach of the peace - causing fear to me by holding a knife also domestic assault - where I was bruised on my arm. It went to court as our 16 yr old daughter witnessed it etc. Due to mitigating circumstances and us asking the judge to drop the case both offences were admonished.
My husband and I are still together but we haven't been told how long these offences will be on his record and how long will it be before they are spent. We also need to understand the impact on work. My husband is a contractor and at the start of this contract he had no offences. We were told that unless we are asked again we do not need to declare as he is very ashamed and embarrassed and we think he might lose his job. Also if he is background checked and as we live in Scotland would someone have to check Scottish records??
Please would u advise
Thanks
Submitted: 1 year ago.
Category: Law
Expert:  JGM replied 1 year ago.

An admonition becomes spent under the rehabilitation of offenders legislation after five years. So fo five years from the conviction, if asked, he has to disclose the conviction. If he is background checked via Disclosure Scotland it is likely to show up. Happy to discuss further. I hope that helps. Please leave a positive rating so that I am credited for my time.

Customer: replied 1 year ago.
Just want to clarify. When he took on this contract he had no convictions. We have been told unless this client asks him again he he doesn't need to mention anything.
Does a breach of the peace ever become spent?
If he is checked on disclosure Scotland how detailed will the information be to the person who is checking.
In your view what do u feel a prospective client might feel regarding the nature of these convictions?
Also we have been told we would need a visa if we were to visit America. Do u feel these convictions would stop him gaining a visa and do you always have to attend an embassy for interview?? There may be possibilities of future work in America but again do u feel if he gets a visa he would pass for a work permit? How long does a visa last?
Is there any other countries that insist on a visa to visit?
Expert:  JGM replied 1 year ago.

It's not the offence that dictates whether a conviction is spent, it's the sentence. As before advised an admonition is 5 years. He doesn't have to mention it unless asked. A domestic situation which has been resolved is unlikely to worry a client unless the client is connected with vulnerable persons. A US visa is grants under US law so advice from a US lawyer would be appropriate but I know of many situations where a person with this type of problem has been admitted to the US. EU countries don't need a visa. Most others do. I hope that helps. Please leave a positive rating so that I am credited for my time.

Customer: replied 1 year ago.
Lastly we were told by the citizens advise bureau that Breach of he peace was spent within 6 months. So from what u r saying that is incorrect, because it is admonished it is still 5 years. Does breach of the peace and assault come off ur record after 5 years if u r background checked?
Expert:  JGM replied 1 year ago.

As I said before, it's the sentence that counts not the offence. When the Act was passed they forgot to specifically deal with admonition which only applies in Scotland. For that reason the rehabilition period in the act comes within the definition of "other" and the 5 year period applies. And it doesn't come off your record. It just means you dont have to disclose it on most application forms. It never comes off your criminal record. This is a mistake that many people make. It's on your record indefinately.

Customer: replied 1 year ago.
Just need clarification. When he started this contract they asked did he have any spent or current convictions and the answer was NO. If he isn't asked again or if he isn't asked to fill in the paperwork again does he need to tell them?
Expert:  JGM replied 1 year ago.

No he doesn't. I hope that helps. Please leave a positive rating so that I'm credited for my time.

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Customer: replied 1 year ago.
Before I finish. If our solicitor had gone for either a fine or community service instead of admonish. Would the sentence have been shorter than 5 years?? I just need this answer to put my mind at rest.
Thank you so much u have been fantastic as its been a very upsetting time and u have helped a great deal. We appreciate ur help
Kind Regards
Customer: replied 1 year ago.
Before I finish. If our solicitor had gone for either a fine or community service instead of admonish. Would the sentence have been shorter than 5 years?? I just need this answer to put my mind at rest.
Expert:  JGM replied 1 year ago.

A fine could have resulted in a lesser period under the rehabilitation of offenders legislation.