wannabeeahack wrote:
Makes no difference where an enhanced CRB is used, everything is for life.
Not sure the CRB does motoring convictions.
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| Author: | Nigel [ Thu Apr 30, 2009 4:20 am ] |
| Post subject: | Our lot???? |
I was talking to lad yesterday at the Council offices, he'd just been in the offices to appeal against the Council not giving him a badge, he applied a few weeks ago he put everything down on his form. When the licence check came back it shown a driving conviction from 8 years ago, it was failing to stop after an accident. The Council said because he didn't put it down on his application form they are refusing his application. I said you didn't have to put it down because it's not on your licence right? He said yes my licence is clean it has been for 5 years. He was going over the border to get his badge from them, they said is your licence clean? He said yes, he told them everything that went off at the other Council, they said bring all your paperwork down and we'll issue you with a badge today. |
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| Author: | Sussex [ Thu Apr 30, 2009 6:58 am ] |
| Post subject: | Re: Our lot???? |
Nigel wrote: He was going over the border to get his badge from them, they said is your licence clean? He said yes, he told them everything that went off at the other Council, they said bring all your paperwork down and we'll issue you with a badge today.
I suppose it depends on the wording of the application form. If it says how many convictions in the last five years, then he is fine. If however it says how many convictions, then that means back to day one. That said refusing a license on the grounds of a mistake, or a forgetful mind, is plain stupid. IMO if he appealed to the courts he would win. |
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| Author: | Nigel [ Thu Apr 30, 2009 1:40 pm ] |
| Post subject: | Re: Our lot???? |
Sussex wrote: Nigel wrote: He was going over the border to get his badge from them, they said is your licence clean? He said yes, he told them everything that went off at the other Council, they said bring all your paperwork down and we'll issue you with a badge today. I suppose it depends on the wording of the application form. If it says how many convictions in the last five years, then he is fine. If however it says how many convictions, then that means back to day one. That said refusing a license on the grounds of a mistake, or a forgetful mind, is plain stupid. IMO if he appealed to the courts he would win. The convictions were over 8 years ago, his licence had been clean for 3 years. |
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| Author: | wannabeeahack [ Thu Apr 30, 2009 3:18 pm ] |
| Post subject: | |
Makes no difference where an enhanced CRB is used, everything is for life. many ex-offenders get badges, everyone deserves a 2nd chance, time passes, people change. he should speak to the LO and request to speak to the committee if needs be |
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| Author: | Sussex [ Thu Apr 30, 2009 4:02 pm ] |
| Post subject: | |
wannabeeahack wrote: Makes no difference where an enhanced CRB is used, everything is for life.
Not sure the CRB does motoring convictions.
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| Author: | GA [ Mon May 04, 2009 10:21 am ] |
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The fact that driving for hire and reward is an exempt occupation under the reabilitation of offenders act, and therefore convictions whether spent or not need to be disclosed. If the guy had disclosed the offence the question is whether the council would have refused to grant or renew. The "it was years ago" response is only valid if the offence is disclosed, as soon as you don't your fitness and propriety has to be questioned ................. surely. B. Lucky 
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| Author: | captain cab [ Mon May 04, 2009 11:54 am ] |
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GA wrote: The fact that driving for hire and reward is an exempt occupation under the reabilitation of offenders act, and therefore convictions whether spent or not need to be disclosed.
If the guy had disclosed the offence the question is whether the council would have refused to grant or renew. The "it was years ago" response is only valid if the offence is disclosed, as soon as you don't your fitness and propriety has to be questioned ................. surely. B. Lucky Correct. 
CC |
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| Author: | wannabeeahack [ Mon May 04, 2009 3:11 pm ] |
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Sussex wrote: wannabeeahack wrote: Makes no difference where an enhanced CRB is used, everything is for life. Not sure the CRB does motoring convictions. the CRB doesnt include motoring convictions, which is odd if you think about it logically, after all, the work is taxi/ph DRIVING.... |
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| Author: | GA [ Mon May 04, 2009 3:49 pm ] |
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wannabeeahack wrote: Sussex wrote: wannabeeahack wrote: Makes no difference where an enhanced CRB is used, everything is for life. Not sure the CRB does motoring convictions. the CRB doesnt include motoring convictions, which is odd if you think about it logically, after all, the work is taxi/ph DRIVING.... But the C in CRB stands for Criminal ............... and I'm sure you would be in a minority of 1 if you suggest that motoring offenses should make a person a criminal. The driving record of a person is held on their driving licence entitlement with the DVLA and I know of only a handful of authorities who check the entitlement of the driver with the DVLA or authorised agent. So if a local authority is utilising all available rescourses to check a persons fitness and propriety then both agencies should be contacted. B. Lucky |
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| Author: | Sussex [ Mon May 04, 2009 5:23 pm ] |
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GA wrote: But the C in CRB stands for Criminal ............... and I'm sure you would be in a minority of 1 if you suggest that motoring offenses should make a person a criminal.
The police only prosecute crimes, so any summons sent by the police/cps is a criminal summons not a civil one. |
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| Author: | GA [ Mon May 04, 2009 6:07 pm ] |
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Sussex wrote: GA wrote: But the C in CRB stands for Criminal ............... and I'm sure you would be in a minority of 1 if you suggest that motoring offenses should make a person a criminal. The police only prosecute crimes, so any summons sent by the police/cps is a criminal summons not a civil one. You'd start an argument in an empty room Suspect. Surely the Police don't prosecute anyone .................... the CPS do that. The fact remains that the CRB do not need to monitor what the DVLA monitor. The fact that speeding violations are usually refered to as motoring offences when they are dealt with via fixed penalty and that only the most excessive speeds are dealt with by summons makes no differance to the fact that driving offenses are recorded by the DVLA and not on the PNC. B. Lucky
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| Author: | MR T [ Mon May 04, 2009 6:10 pm ] |
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| Author: | Sussex [ Mon May 04, 2009 6:12 pm ] |
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GA wrote: The fact remains that the CRB do not need to monitor what the DVLA monitor.
Be a lot easier if they did though. |
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| Author: | GA [ Mon May 04, 2009 6:27 pm ] |
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But some LO's do check the driving entitlement of each applicant as part of the process of determining fitness and propriety. and we end up back where we started. B. Lucky
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| Author: | Sussex [ Mon May 04, 2009 6:53 pm ] |
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GA wrote: But some LO's do check the driving entitlement of each applicant as part of the process of determining fitness and propriety.
and we end up back where we started. I think in time most will. |
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