In order to receive an admonishment (Scotland) or a Police Caution (England) as an alternative to a court appearance you must first admit the offence with which you were charged. The purpose of the system is to allow the police to use their discretion in dealing with offenders who may for example have acted out of character and might not be expected to re-offend, or a first offence of a minor nature and it is deemed that a warning might be sufficient to return them to the straight and narrow. However, central to the process is the “admission of guilt”, if that is not made then an admonishment cannot be given and a court appearance is the next step. As far as the status of “admonishment” as a conviction is concerned, should you have committed a further offence and made a court appearance at which you were found to be guilty, then on sentencing the court would see that your record showed an admonishment. This would be viewed in exactly the same way as a previous conviction when deciding the sentence.

So to summarise, by accepting the error of their ways an offender whose “crime” might be first or minor avoids a court appearance and accepts an admonishment which is equivalent to a conviction but without incurring punishment. Without going into detail, that’s the way it is and you must accept it.

Now, what to do about it? I notice that you intend to contact the DfT – good, because they are the body who interpret the rules. Write/email/fax but do not rely on a telephone conversation. Give them all the facts and ask them the simple question:

“Will my admonishment for assault dated …..1999 disqualify me from the issue of an airside pass?”

Supplementary question:

“If the answer to the previous question is “YES”, at what date will the offence revealed become spent and no longer be a disqualifying factor?”

When you apply for a job with an airline the application form will ask about convictions, you must declare them all (Don’t even think about holding something back as non-disclosure can subsequently become grounds for summary dismissal). You may then include the information you have received from the DfT to show that they are considered “spent” and will not be a bar to obtaining a pass.

exmpa

Thank you very much for that helpful information.

So you recommend telling any prospective employer about my ‘record’ (even if it is spent) and then providing evidence that the Dft are happy about it?

Thanks again

dme

Nah , an admonishment is not a conviction , you don’t legally have to mention it at job applications – you do have to with convictions . I’ve been in the same boat but with another industry and everything was / is fine . Take it easy !!.

Ah, cheers mate. I’ll call Dft on Monday and ask them how I can pass my disclosure onto them – see what their response is.

dme

Highly likely it would show on all the paperwork even if it was an admonishment (what a silly word) it sounds to me like your sitting between two situations: whether in “their” eyes you have a criminal conviction or not. To me (a totally non qualified legal person in every way) it would appear that you have a good chance of being able to persuade them to view the admonishment as not a criminal conviction, as there appears to be much ambiguity over it.

However as others have said the only way to do this is to speak to the people involved, and argue your case. Be prepared to spend a good few hours explaining your situation to people over and over again, its more than likely you will be able to persuade some department within “Disclosure Scotland” that your admonishment is not a criminal conviction.

If the answer you recieve at first isnt the one you want to hear, keep trying and dont take it lying down!

That’s the thing, if I do get an airside pass after months of trying most airlines will have went on to hire another pilot………..

dme

I’m scratching my head here. I got a letter from Disclosure Scotland back in January, the ‘conviction’ was on it. I’m having trouble understanding if the Dft will class it as spent after 5 years, or it they will always keep it as a disqualification from going airside?

Murder is on it, so I think if it’s on the disqualification list then no airside pass can be issued, even if the 5 years have passed.

dme

Anymore FROGzzzzzzzzzzz today 😀 😀 😀 Anna 😉

No more frogs, but there was a moth……

dme