How to make an application for a disqualifying conviction to be disregarded
If a criminal record certificate has revealed an unspent disqualifying conviction(s), applicants who would like their case to be considered by the Secretary of State for Transport through CAA, can apply for a ‘Certificate of disregard’.
Supporting information must include:
It may also include a note from the pass applicant’s solicitor, trade union or other representative.
This may be from a sponsoring employer or any person or body who the applicant considers is relevant and of suitable standing.
The character reference should state:
The application may contain any other information that the applicant considers relevant in demonstrating his or her good character before or since the conviction(s).
Send the application, and supporting documentation detailed to:
Aviation Security Regulation Team
Civil Aviation Authority,
London, WC2B 6TE
The CAA will reach a view on whether the disqualifying conviction(s) may be disregarded for the purposes of a full pass being issued by the airport manager / pass issuer.
Unspent convictions for offences that involve violence, dishonesty or abuse of trust are disqualifying offences as they can indicate that the individual’s behaviour makes him or her vulnerable to pressure or improper influence or liable to commit a breach of security.
The Rehabilitation of Offenders Act 1974 determines when a conviction becomes ‘spent’; for example, a sentence of a fine or compensation will normally become spent 1 year from the date of the conviction, so long as no other convictions have since been received. Only unspent convictions will be considered in determining the issue of a full pass or a ‘Certificate of disregard’. CAA will consider the information supplied by the pass applicant and the relevant circumstances of the case, including (but not limited to) the age of the conviction(s) and its seriousness. CAA may need to request additional information from the applicant, such as more details about the conviction.
If the CAA does not require additional information from the pass applicant in order to determine an application, it will endeavor to issue a determination letter to the pass applicant within 28 days of receipt, or will contact the applicant within this 28 day period to inform the applicant when they can expect a reply. Notice of the decision will be given to the applicant.
Where a decision is made that the disqualifying conviction may be disregarded, a ‘Certificate of disregard’ will be issued to the pass applicant. The ‘Certificate of disregard’ will state that the disqualifying conviction(s) may be permanently disregarded for the purposes of issuing a full pass.
If the CAA decides that the disqualifying convictions(s) should not be disregarded, reasons for refusing to issue a ‘Certificate of disregard’ will be given in the determination letter.