Record following fiscal work order

The request was successful.

Darren Gallagher

Dear Disclosure Scotland,

I accepted and completed a Fiscal work order around 2 years ago but wasn't really given any clear explanation of where I stand in terms of a criminal record, only that this wouldn't count as a proper conviction.

Most of the information I've found online suggests that I wouldn't have a criminal record but there's a lot of 'in the usual way' that follows that suggestion.

I have read that the fact the order was accepted would be kept on file indefinitely but where, by who and for what purpose I'm still a little unclear on.

Could you confirm if people accepting fiscal work orders do in fact have a criminal or if not, what information is held, who has it and who would be able to access the information?

The main reason for my request is to check if this information would show up to any potential future employer or any background check given as part of a VISA application

Yours faithfully,
Darren

Disclosure Scotland

Thank you for your e-mail to Disclosure Scotland.  We have received your
request and will respond within 20 working days of receipt, in accordance
with the Freedom of Information (Scotland) Act 2002 (FOISA).
 

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Disclosure Scotland

Good morning

Thank you for your request dated 4 June 2019 under the Freedom of Information (Scotland) Act 2002 (FOISA) for:

"I accepted and completed a Fiscal work order around 2 years ago but wasn't really given any clear explanation of where I stand in terms of a criminal record, only that this wouldn't count as a proper conviction.
Most of the information I've found online suggests that I wouldn't have a criminal record but there's a lot of 'in the usual way' that follows that suggestion.
I have read that the fact the order was accepted would be kept on file indefinitely but where, by who and for what purpose I'm still a little unclear on.
Could you confirm if people accepting fiscal work orders do in fact have a criminal or if not, what information is held, who has it and who would be able to access the information?
The main reason for my request is to check if this information would show up to any potential future employer or any background check given as part of a VISA application".

We received your request on 4 June 2019 and will respond in accordance with FOISA by 2 July 2019.

If you have any queries, please contact us quoting case number FoI/19/01387.

Corporate Governance Team
Disclosure Scotland

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Disclosure Scotland

Good morning,

Thank you for your request dated 4 June under the Freedom of Information
(Scotland) Act 2002 (FOISA).

Your request

You asked for:

Could you confirm if people accepting fiscal work orders do in fact have a
criminal or if not, what information is held, who has it and who would be
able to access the information?

 

Response to your  request

The answer to your question is; Disclosure Scotland does not currently
disclose details of Fiscal Work Orders on any level of disclosure
certificates.

While our aim is to provide information whenever possible, in this
instance the Scottish Government does not have some of the information you
have requested, specifically around the criminality of a Fiscal Work
Order. However, you may wish to contact  the Crown Office
[1]https://www.copfs.gov.uk/freedom-of-info...  The reasons why we
don’t have the information are explained in the Annex to this letter.

Your right to request a review

If you are unhappy with this response to your FOI request, you may ask us
to carry out an internal review of the response, by writing to Lorna
Gibbs, Chief Executive, Disclosure Scotland, 1 Pacific Quay, Glasgow, G51
1DZ or email at [email address].  Your review
request should explain why you are dissatisfied with this response, and
should be made within 40 working days from the date when you received this
letter.  We will complete the review and tell you the result, within 20
working days from the date when we receive your review request. 

If you are not satisfied with the result of the review, you then have the
right to appeal to the Scottish Information Commissioner.  More detailed
information on your appeal rights is available on the Commissioner’s
website at:
[2]http://www.itspublicknowledge.info/YourR....

ANNEX

REASONS FOR NOT PROVIDING INFORMATION

Disclosure Scotland does not have the information

Disclosure Scotland does not have the information you have asked for
because Disclosure Scotland is not in a position to explain how Procurator
Fiscal services use or make these orders, or the legislation that provides
for them.

This is a formal notice under section 17(1) of FOISA that Disclosure
Scotland does not have the information you have requested. 

 

Kind regards

 

Corporate Governance Team

Disclosure Scotland

 

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References

Visible links
1. https://www.copfs.gov.uk/freedom-of-info...
2. http://www.itspublicknowledge.info/YourR...