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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11442
Experience:  30 years as a practising solicitor.
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If a person has a caution or conviction

Resolved Question:

Hello,
If a person has a caution or conviction for assault in Scotland, will this affect their security clearance if they already have it?
Submitted: 1 year ago.
Category: Scots Law
Customer: replied 1 year ago.
Rather just communicate by written word. My friend's husband has security clearance (SC, for MOD). He recently assualted my friend and sadly their 16 yr old daughter witnessed this. This is his first ever offence and has never been in trouble with the police before. Will this affect his SC as we do not know if he will have criminal record at this moment.
Customer: replied 1 year ago.
Is it worth mentioning that we live in Scotland, We are waiting for the legal process to run its course and we have not yet been to court on this issue
Expert:  JGM replied 1 year ago.
Thank you for your question.
I assume he is periodically disclosure checked by his employer and he should also examine his contract of employment or staff handbook for any relevant information. However, typically, any person with security clearance in respect of a government department has to disclose any conviction. The reason for that is so that the e,player can make an assessment as to whether the conviction or the incident could affect the security issue. In other words is the person allowed to continue in his position and retain the same security clearance or would a conviction mean he would no longer be suitable in that job.
So the answer to your question is that it might affect his security clearance but he has to check his employment documentation and any relevant rules or clauses there.
I hope this helps. Please leave a positive response so that I am credited for my time.
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