29.04.2014 Views

guidelines relating to the relevance of convictions (14 Kb pdf)

guidelines relating to the relevance of convictions (14 Kb pdf)

guidelines relating to the relevance of convictions (14 Kb pdf)

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

(ii)<br />

Not in a mo<strong>to</strong>r vehicle<br />

An isolated conviction for drunkenness need not deter an applicant from gaining a licence.<br />

However, a number <strong>of</strong> <strong>convictions</strong> for drunkenness could indicate a medical problem<br />

necessitating critical examination (see (i) above). In some cases, a warning may be<br />

sufficient.<br />

(d)<br />

Drugs<br />

An applicant with a conviction for a drug related <strong>of</strong>fence should be required <strong>to</strong> show a<br />

period <strong>of</strong> at least three years free <strong>of</strong> <strong>convictions</strong> before an application is entertained, or five<br />

years after de<strong>to</strong>xification treatment if he/she were an addict.<br />

(e)<br />

Indecency <strong>of</strong>fences<br />

As hackney carriage and PHV drivers <strong>of</strong>ten carry unaccompanied passengers, applicants<br />

with <strong>convictions</strong> for indecent exposure, indecent assault, importuning, or any <strong>of</strong> <strong>the</strong> more<br />

serious sexual <strong>of</strong>fences, should be refused until <strong>the</strong>y can show a substantial period (at<br />

least three <strong>to</strong> five years) free <strong>of</strong> such <strong>of</strong>fences. More than one conviction <strong>of</strong> this kind<br />

should preclude consideration for at least five years. In ei<strong>the</strong>r case if a licence is granted a<br />

strict warning as <strong>to</strong> future conduct should be issued.<br />

(f)<br />

Violence<br />

As hackney carriage and PHV drivers maintain close contact with <strong>the</strong> public, a firm line<br />

should be taken with applicants who have <strong>convictions</strong> for grievous bodily harm, wounding<br />

or assault. At least three years free <strong>of</strong> such <strong>convictions</strong> should be shown before an<br />

application is entertained and even <strong>the</strong>n a strict warning should be administered.<br />

(g)<br />

Dishonesty<br />

Hackney carriage and PHV drivers are expected <strong>to</strong> be persons <strong>of</strong> trust. The widespread<br />

practice <strong>of</strong> delivering unaccompanied property is indicative <strong>of</strong> <strong>the</strong> trust that business<br />

people place in drivers. Moreover, it is comparatively easy for a dishonest driver <strong>to</strong><br />

defraud <strong>the</strong> public by demanding more than <strong>the</strong> legal fare etc. Overseas visi<strong>to</strong>rs can be<br />

confused by <strong>the</strong> change in currency and become “fair game” for an unscrupulous driver.<br />

For <strong>the</strong>se reasons a serious view should be taken <strong>of</strong> any conviction involving dishonesty.<br />

In general, a period <strong>of</strong> three <strong>to</strong> five years free <strong>of</strong> conviction should be required before<br />

entertaining an application.<br />

(h)<br />

Racially Aggravated and racial Offences<br />

An <strong>of</strong>fence such as assault or criminal damage may be racially aggravated. An <strong>of</strong>fence is<br />

racially aggravated if, at <strong>the</strong> time <strong>of</strong> committing <strong>the</strong> <strong>of</strong>fence or immediately before or after<br />

doing so, <strong>the</strong> <strong>of</strong>fender demonstrates <strong>to</strong>wards <strong>the</strong> victim <strong>of</strong> <strong>the</strong> <strong>of</strong>fence hostility based upon<br />

<strong>the</strong> victim’s membership (or presumed membership) <strong>of</strong> a racial group <strong>of</strong> if <strong>the</strong> <strong>of</strong>fence is<br />

motivated (wholly or partly) by hostility <strong>to</strong>wards members <strong>of</strong> a racial group based on <strong>the</strong>ir<br />

membership <strong>of</strong> that group.

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!