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Ben Jones
Ben Jones, UK Lawyer
Category: Scots Law
Satisfied Customers: 44882
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have convicted of cultivation of cannabis.. can I continue

Customer Question

I have convicted of cultivation of cannabis.. can I continue my career as a driving instructor?
Submitted: 1 month ago.
Category: Scots Law
Customer: replied 1 month ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 1 month ago.
I am in uk
Expert:  Ben Jones replied 1 month ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. Are you subject to any criminal records checks?

Customer: replied 1 month ago.
Customer: replied 1 month ago.
Driving standards agency
Expert:  Ben Jones replied 1 month ago.

What level check are you due to have done - Basic, Standard, Enhanced?

Customer: replied 1 month ago.
I really don't know what level
Expert:  Ben Jones replied 1 month ago.

What conviction did you get?

Customer: replied 1 month ago.
Its enhanced
Customer: replied 1 month ago.
I got 6 months suspended for 2 years, 200 hours unpaid work
Customer: replied 1 month ago.
I was not convicted of selling,
Expert:  Ben Jones replied 1 month ago.

As a driving instructor, subject to a criminal check, you would need to be considered a ‘fit an proper person’ to be approved by the DVSA. However, the law does not define what a fit and proper person is so it would often be decided on a case by case basis. The DVSA would look at your personal and professional conduct and decide based on that if you are deemed fit and proper to perform this job.

Government guidance states:

Before reaching a decision on whether you are a ‘fit and proper’ person the risk that you are likely to pose to pupils is assessed by considering factors like:

· whether the caution, conviction or other information revealed is relevant

· the seriousness of any offence

· the circumstances surrounding an offence and the explanation

· the length of time since the offence occurred and if it is ‘spent’ under the Rehabilitation of Offenders Act 1974

· whether there is a pattern of offending behaviour

· whether the circumstances have changed since the offending behaviour

Each case is considered on an individual basis. The Registrar will write to you giving you the opportunity to explain the circumstances relating to your caution or conviction in writing before a final decision is made.

It also states that the following would make it unlikely you would be allowed to remain on the register:

“If your DBS certificate shows convictions or in some cases cautions for assault, drugs, fraud or theft and in particular offences involving theft of tuition fees”

As your offence is for drugs that could be considered a serious matter and could affect the ability to continue as an approved instructor. It is not an automatic decision but will likely be taken into account and be treated more seriously than other convictions.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 stars - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please get back to me on here and I will assist further as best as I can. Thank you

Expert:  Ben Jones replied 1 month ago.

Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.

Expert:  Ben Jones replied 1 month ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.

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