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Summons to court

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Klady1993

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Hi all

I was caught using my grandfather’s Freedom Pass. I did respond to the verification letter and admitted I was in the wrong, but I gave a slightly different name and an old address when I replied.

I’ve now been summoned to court for misuse of the pass along with 18 additional offences. I’m looking for advice on what to expect and what I should do next.

Should I inform my manager now or after the hearing ?
 
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AlterEgo

Verified Rep - Wingin' It! Paul Lucas
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What line of work are you in? Whether you need to inform them is down to your employment contract and whether you are in a role where you require a clean criminal record.
 

Klady1993

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What line of work are you in? Whether you need to inform them is down to your employment contract and whether you are in a role where you require a clean criminal record.
is there a chance I won’t receive a criminal conviction at court ?
 
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AlterEgo

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I work for the government and have clearance and is there a chance I won’t receive a criminal conviction at court ?
No. You will be convicted, because you, I assume, are pleading guilty. If you have a security clearance like SC or DV you need to tell your manager now.
 

Klady1993

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Only if you are found "not guilty".
So either way the judge will give me a fine and criminal conviction
There’s also 18 other suspect I offences. What is the point of going to court if i already pled guilty

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No. You will be convicted, because you, I assume, are pleading guilty. If you have a security clearance like SC or DV you need to tell your manager now.
Okay do you know if SC will
be cancelled ?
 

AlterEgo

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So either way the judge will give me a fine and criminal conviction
There’s also 18 other suspect I offences. What is the point of going to court if i already pled guilty
Becuase you are required to be in court to ask for the others to.be taken into consideration. You are summonsed and must attend. It isn't optional

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Okay do you know if SC will
be cancelled ?
Are you sure you have SC clearance?
 

Olivine

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SC/DV is about make sure you are a true, honest and trustworthy individual. You seem rather, shall we say, ‘committed’ at this time. The worst thing you can do right now is not tell your employer immediately and be open and honest. You don’t have to provide an opinion to them, just state the facts of the case, such as showing them the letter.

I can’t reasonably see how they would cancel SC at this stage - not really if you are found guilty for one offence but if it’s more than one then it’ll snowball. That said, it’s a genuinely stupid thing to do this when you clearly know what is required at SC, and arguably this is the idea of the penal system.

It’s not an admission of guilt at this stage, but if you don’t tell them now and then get found guilty later you’ll probably be in much worse ‘trouble’.
 

Klady1993

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What happeneds a court regarding this case ?

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What happens if you are giving criminal conviction ? Has anyone gone through this procedure ?
 

furlong

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The obligation on a holder of SC is to report new convictions to the vetting service. I don't think the holder automatically loses clearance but it has to be seen as a realistic possibility where continued dishonesty over a period of time was involved.

I think someone who attempts to hide the extent of what they have done will end up in a worse position than someone who owns the situation and accepts responsibility for making bad decisions.

If you currently hold SC, you should also tell them about this thread as that may cause you a separate problem (and I think you need to be given some official "words of advice" as a minimum).
 

Klady1993

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The obligation on a holder of SC is to report new convictions to the vetting service. I don't think the holder automatically loses clearance but it has to be seen as a realistic possibility where continued dishonesty over a period of time was involved.

I think someone who attempts to hide the extent of what they have done will end up in a worse position than someone who owns the situation and accepts responsibility for making bad decisions.

If you currently hold SC, you should also tell them about this thread as that may cause you a separate problem (and I think you need to be given some official "words of advice" as a minimum).
Okay thank you

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Is there any advice about completing my requisition form and attending court ?
 

furlong

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For reference from gov.uk

Criminal record information: whilst a criminal record (the Rehabilitation of Offenders Act 1974 allows for consideration of both spent and unspent convictions for national security purposes) is not necessarily a bar to a security clearance, the decision maker will need to consider whether any conviction is relevant to their assessment of suitability. The more serious, repeated, and more recent the offence(s), the more weight may be attached to it as an indicator of possible unsuitability. Failure to declare convictions on the security questionnaire may also give rise to serious concerns.
...
In relation to conduct which may give rise to security concerns, the assessor will consider a range of factors, including: the seriousness of the conduct, the frequency, circumstances and reasons for it; and the potential it offers for associated pressure, coercion, exploitation or duress; and its implications for the individual’s trustworthiness and reliability.
...
Vetting decisions will be taken by the vetting authority, the department or police force which requires the clearance. Assessments will take into account all relevant information obtained during the vetting process including both positive and adverse information gathered in relation to the individual. These factors are all carefully considered along with the security requirements of the post in order to reach a reasoned conclusion as to the individual’s suitability for the level of clearance in question.
...
The process will consider whether or not any adverse information that arises is serious enough in itself to justify refusing or withdrawing a security clearance. When information of security concern about the individual is discovered, the assessor will consider a range of factors, including, where relevant, whether the individual has been as open as possible about the information and has resolved or appears likely to favourably resolve the concerns to which it gives rise, and the risk the information poses in relation to the individual’s access to sensitive assets and/or sites.

This looks forwards - not backwards. It's not about punishment. So in general terms I think someone with clearance needs to reflect upon what they did and be prepared to explain what changes they're making and why that type of behaviour is no longer part of their character.

Separately, you might also wish to present some mitigation or character references to the court in an attempt to reduce any sentence. (If you employ a solicitor, they will help you do this.)
 
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AlterEgo

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I don't think the OP has SC. I really think they should ask their union about this.
 

kkong

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Why is it assumed that OP is a member of a union? This is very far from universal for the UK working population.
 

Starmill

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Why is it assumed that OP is a member of a union? This is very far from universal for the UK working population.
Because it's the best option? Join one now and ask for advice (and stay so you can continue to benefit from it). Even unemployed and self employed people are able to join one.
 

Fawkes Cat

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Why is it assumed that OP is a member of a union? This is very far from universal for the UK working population.
They might not be. But the public sector remains fairly unionised so they might well be - and it makes sense to use the resources they have access to. So it would be remiss not to suggest it as an option.
 

Undiscovered

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Because it's the best option? Join one now and ask for advice (and stay so you can continue to benefit from it). Even unemployed and self employed people are able to join one.
Joining a union is sound advice. It's better to join one before you need them, though.

OP, be mindful that local reps may decline to advise or represent, as the issue began before becoming a member, or may only give general advice, rather than go into the case/situation specifics.
 
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Klady1993

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I had my court case today for misuse of a freedom pass.

I pleaded guilty to misuse of a freedom pass.

My grandad passed during the time case was going on.

The case was at lavender hill and was 5 mins long I had 18 offences I pleaded and the charges were £165.

The fined me £820.40 and a criminal conviction

I thought I'd update since people haven't updated after court case.

Happy to answer any questions
 

30907

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So you were fined for a single offence and asked for 17 other offences to be taken into consideration.

Could you confirm what the offence was described as? And how the fine etc breaks down? These will help in advising others.

PS i've asked the mods to merge this with your previous thread
 

WesternLancer

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I had my court case today for misuse of a freedom pass.

I pleaded guilty to misuse of a freedom pass.

My grandad passed during the time case was going on.

The case was at lavender hill and was 5 mins long I had 18 offences I pleaded and the charges were £165.

The fined me £820.40 and a criminal conviction

I thought I'd update since people haven't updated after court case.

Happy to answer any questions
Thanks for the update - I think others in future will find this helpful.

Sorry to hear about your bereavement - that will not have made things easy I can imagine

Good luck for the future.
 
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