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SIA publishes Court appeal statistics

The figures show the outcome of appeals against licensing decisions that were made on the basis of specific criteria.

The Regulator may refuse a licence or revoke/suspend one because of criminality checks, or do so in light of non-conviction information supplied by enforcement partners.

If an applicant disagrees with the actions taken, they can exercise their right of appeal to a Magistrate’s Court, Sheriff’s Court or a District Court.

The figures released by the Regulator are current as of 31 December 2008.

Results of Appeals

Withdrawn by Appellant… Total: 283 (20%). This financial year: 46 (29%)

Conceded by the SIA… Total: 268 (18%). This financial year: 58 (37%)

SIA Decision Upheld… Total: 757 (52%). This financial year: 43 (27%)

Appeal Upheld… 142 (10%). This financial year: 11 (7%)

Total: 1,450 (100%). This financial year: 158 (100%)

This information will be updated on a regular basis and is available in the Enforcement Section of the web site as well as the Revoked and Suspended Licences Section.

Definitions

Withdrawn by Appellant

The appellant lodges an appeal with a Magistrate’s Court, a Sheriff’s Court or District Court but then withdraws their appeal before the hearing date. An example of where this might happen is when the appellant has sought legal advice and subsequently decided not to pursue the appeal

Conceded by the SIA

The Regulator no longer contests the appellant’s suitability

for a licence. An example of where this might happen is when further information comes to the SIA’s attention after the appeal has been lodged and the information causes the Regulator to review its position.

SIA decision upheld

The Court decides in favour of the SIA and agrees that

the appellant should not hold a licence.

Appeal upheld

The Court decides in the appellant’s favour, and orders the SIA to grant/restore his or her licence.

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