December 2012 rule changes regarding cautions

[sgc]

Within the last 3 years I received a police caution for common assault. I have a police record but neither a charge nor a conviction. I was planning to apply for British citizenship by naturalisation later this year, when it will still be within 3 years of the caution.

My initial research suggested that cautions normally need not be disclosed and would not affect an application. Then I came across two things:
1) a comment by someone who said that their son's application was refused because he did not disclose a simple caution, and
2) section 3.5.5 in this guide.

As a caution forms part of a person's criminal record, when determining whether an applicant meets the "good character" requirement, caseworkers must take them into account. Where the application was made on or after 13 December 2012 a caution comes within the "non custodial offence" threshold. As such, where someone has a caution within 3 years of their application, it should be refused. Where the application was made on or before 12 December 2012, cautions would not normally be taken into account when assessing the good character requirement unless they fall into one of the following. ...

This seems incredibly extreme. I'm hoping that I'm misinterpreting something or that this statement does not apply. What do people here think? And if I did wait until after any 3-year threshold to apply, do you think that my application is likely to be accepted if there aren't any other issues?

Thanks.

[Amber]

Within the last 3 years I received a police caution for common assault. I have a police record but neither a charge nor a conviction. I was planning to apply for British citizenship by naturalisation later this year, when it will still be within 3 years of the caution.

My initial research suggested that cautions normally need not be disclosed and would not affect an application. Then I came across two things:
1) a comment by someone who said that their son's application was refused because he did not disclose a simple caution, and
2) section 3.5.5 in this guide.

As a caution forms part of a person's criminal record, when determining whether an applicant meets the "good character" requirement, caseworkers must take them into account. Where the application was made on or after 13 December 2012 a caution comes within the "non custodial offence" threshold. As such, where someone has a caution within 3 years of their application, it should be refused. Where the application was made on or before 12 December 2012, cautions would not normally be taken into account when assessing the good character requirement unless they fall into one of the following. ...

This seems incredibly extreme. I'm hoping that I'm misinterpreting something or that this statement does not apply. What do people here think? And if I did wait until after any 3-year threshold to apply, do you think that my application is likely to be accepted if there aren't any other issues?

Thanks.

A caution is an admittance of guilt. If you have a police caution it will be treat as a non custodial sentence and you should be automatically refused for 3 years. You may also be refused after this time depending on what the offence was I.e. recklessness, dishonesty or an offence of a sexual or violent nature.

[sgc]

A caution is an admittance of guilt. If you have a police caution it will be treat as a non custodial sentence and you should be automatically refused for 3 years. You may also be refused after this time depending on what the offence was I.e. recklessness, dishonesty or an offence of a sexual or violent nature.

Thanks for the quick response. I was wondering then,

1) Is 3 years in this case taken to mean 36 months? (e.g. It's not like, because I was cautioned in year X, then it will apply within year X+3 even if it's past 36 months?)

2) In this guide and the guide/booklet AN it seems to mention violence in the context of convictions, but not explicitly cautions. Given that cautions of common assault are under the category of violence, but are not convictions, would these still likely lead to refusal, regardless of the details of the case?

[Amber]

A caution is an admittance of guilt. If you have a police caution it will be treat as a non custodial sentence and you should be automatically refused for 3 years. You may also be refused after this time depending on what the offence was I.e. recklessness, dishonesty or an offence of a sexual or violent nature.

Thanks for the quick response. I was wondering then,

1) Is 3 years in this case taken to mean 36 months? (e.g. It's not like, because I was cautioned in year X, then it will apply within year X+3 even if it's past 36 months?)

2) In this guide and the guide/booklet AN it seems to mention violence in the context of convictions, but not explicitly cautions. Given that cautions of common assault are under the category of violence, but are not convictions, would these still likely lead to refusal, regardless of the details of the case?

Three years from the date of the offence. So if the caution was given on 22nd may 2011 then you would automatically be refused until 23rd May 2014. A caution is a non custodial conviction for the purpose of the good character requirement. Therefore, a caution related to a violent offence may still lead to a refusal even after the offence is expunged. Your common law offence was one which mens rea (mental element of crime) contains threatened violence.

[sgc]

Three years from the date of the offence. So if the caution was given on 22nd may 2011 then you would automatically be refused until 23rd May 2014. A caution is a non custodial conviction for the purpose of the good character requirement. Therefore, a caution related to a violent offence may still lead to a refusal even after the offence is expunged. Your common law offence was one which mens rea (mental element of crime) contains threatened violence.

Okay, cautions are treated as convictions in this case. Wow. Then, looking at the likelihood of refusal, 'may' seems to be a keyword. I suppose that means that I still have a chance. Refusing citizenship to someone indefinitely because of one caution, whatever it was, just seems too strict to be true. I'll try to get in touch with the relevant offices and maybe an immigration lawyer and see what the deal is.

[Amber]

Three years from the date of the offence. So if the caution was given on 22nd may 2011 then you would automatically be refused until 23rd May 2014. A caution is a non custodial conviction for the purpose of the good character requirement. Therefore, a caution related to a violent offence may still lead to a refusal even after the offence is expunged. Your common law offence was one which mens rea (mental element of crime) contains threatened violence.

Okay, cautions are treated as convictions in this case. Wow. Then, looking at the likelihood of refusal, 'may' seems to be a keyword. I suppose that means that I still have a chance. Refusing citizenship to someone indefinitely because of one caution, whatever it was, just seems too strict to be true. I'll try to get in touch with the relevant offices and maybe an immigration lawyer and see what the deal is.

Again a caution is an admittance of guilt. You admitted to threatening violence. You may indeed be accepted after 3 years. However, there is no guarantee. Stay out of trouble in the meantime and perhaps attend some classes (anger or violence awareness) to support your case.