Conditional Discharge Question

[Retrochic]

Scenario:

You are arrested for minor criminal damage to property that you eventually admit to and are given a conditional discharge by magistrate ( condition you pay for damage).

1) do you have a criminal record?

2) Should you make this known when applying for a shotgun license and would it go against you getting one.?

[rockyracoon]

First related question by Kristal53 might help.

[Retrochic]

Thank you Rocky I've been looking all over the place for a link on Google. Its one of my sons who got in a bit of bother last year re his ex girlfriend and keyed her car (stupid boy) he now wants to get a shotgun license to shoot rabbits (stupid boy) but I told him he probably would not get one. How do you bring up old questions/answers on AB?

[rockyracoon]

Scroll down to the bottom of the page, they hang about there.

[Retrochic]

Thanks rocky but I meant how can you look for questions that may answer your question, before you post your question (if that makes sense)

[sherrardk]

Type the pertinent words in the search box up there ^

[ummmm]

Put your question title in the search bar and see what comes up.

[Retrochic]

Thanks.

[rockyracoon]

The only way is probably through the search bar, though that can be a pain in the rear and mean trawling through loads of irrelavant threads.

Years ago, before a question was posted on here a load of threads were brought up to see if they helped. That was also quite aggravating.

[Buenchico]

Answers:
1. Any conviction before a criminal court (including, for example, motoring offences) creates a criminal record; the penalty imposed by that court is irrelevant.

2(a) Applications for shotgun licences are exempt from he provisions of shotgun certificate applications and all criminal convictions MUST be declared. (It's a criminal offence, possibly leading to a custodial sentence, to fail to do so).

From the notes accompanying the application form:
"You must not withhold information about any conviction. This includes motoring offences, binding overs, formal written warnings, cautions and convictions in and outside Great Britain, and (by virtue of the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975) convictions which are spent under the 1974 Act. A conditional discharge and an absolute discharge both count as convictions for this purpose. Details of parking offences and fixed penalty notices do not need to be declared."
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/352534/NotesForm201A2014.pdf

2(b) Some offences automatically bar a person from holding a shotgun certificate. However the one you refer to does not. The decision whether to issue a certificate will be a discretionary one, with the period of time that has passed since the conviction likely to be taken into consideration.

[Peter Pedant]

but dont worry a neighbour got a licence to butcher lovely floffy bunnies even tho he had a conviction for ( carrying a knife ) I think

[Retrochic]

Buenchico many thanks for your comprehensive reply which covers all information needed.

[New Judge]

Except to say that a Conditional Discharge does not provide for any conditions other than you do not commit any further offences. The Magistrates may order that you pay comensation to the owner for the damage caused to their property but this is not a condition of a Conditional Discharge.

If you commit another offence duing the period of the Conditional Discharge you can be punished for the new offence and punished in a different way for the offence that attracted the Conditional Discharge.

[Retrochic]

Thank you for that. I have no experience of Magistrates Court so thought 'conditional' was how I described it. Yes he has paid for the damage and Court Costs and learnt a few valuable lessons.