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Police Caution Received 5 years Ago

Posted: Thu Oct 23, 2014 4:40 pm
by shah_321
Please help seniors!!!

I am on ILR and going to apply for naturalisation in few months. I have few queries

1) Received police caution in 2009 should i need to declare this ?
2) Does it effect my application if i declare it?

Re: Police Caution Received 5 years Ago

Posted: Fri Oct 24, 2014 10:05 am
by Itiswell
@ Sha_321

What type of caution and what was your offense? if driving:
Did you go to court?
Was point taken off your license?

Thanks

Re: Police Caution Received 5 years Ago

Posted: Fri Oct 24, 2014 10:20 am
by akash08
He asked help from senior members only :)

You and I not eligible !!

Re: Police Caution Received 5 years Ago

Posted: Fri Oct 24, 2014 10:34 am
by Itiswell
@ akash08

You're funny. Anyway, am senior to him since he just registered.

Thanks

Re: Police Caution Received 5 years Ago

Posted: Fri Oct 24, 2014 11:14 am
by shah_321
It was shoplifting being stupid at that time[*]

Re: Police Caution Received 5 years Ago

Posted: Fri Oct 24, 2014 11:44 am
by t123456789
1. Declare it, otherwise it'll be classed as deception and you'll have an effective 10 year ban.
2. No, it'll no effect because it happened more than 3 years ago.

A caution is treated as a non-custodial sentence. See page 17 of the booklet. Also carefully read the caseworker guidance notes, in particular section 8.3
8.3

Failure to Disclose Convictions

Where the person has failed to disclose any (including minor) outstanding charges or convictions that would result in refusal of the application, the decision maker will normally refuse the application. In such cases, the decision maker will normally refuse any subsequent application for citizenship if it is made within 10 years from the date of the refusal on these grounds.
Edit: Also read section 3.3.
Even where a person does not have a caution, warning or reprimand within the last three years, the decision maker may still refuse an application if the person has received multiple disposals of this kind that show a pattern of offending.
So unless you have multiple cautions you should be fine.

Re: Police Caution Received 5 years Ago

Posted: Fri Oct 24, 2014 11:58 am
by Itiswell
@ shah_321

t123456789 advice is great. Declare it as it will have no effect on your application.

Best of luck.

Thanks

Re: Police Caution Received 5 years Ago

Posted: Fri Oct 24, 2014 12:30 pm
by shah_321
Thank for your reply

I don't remember the exact date? What should I fill in the form. Plz guide thanks

Re: Police Caution Received 5 years Ago

Posted: Fri Oct 24, 2014 12:46 pm
by t123456789
shah_321 wrote:Thank for your reply

I don't remember the exact date? What should I fill in the form. Plz guide thanks
If you want the exact date you'll need to make a SAR (subject access request). There should be more information on this if you search the forum. See this page, note that a DBS check (previously CRB) is NOT sufficient (it doesn't list all your information). It costs £10, I think it's around 4-6 weeks.

I think the important thing is to declare it with an approximate date otherwise. So write June 2009 instead of giving the full date, or write 01/06/2009 if they want a day. In the extra information section just state that you received a caution at approximately this date but you can no longer remember when exactly it was.

The caseworkers seem to have direct access to criminal records which includes things like cautions, FPNs, PCNs etc, so it'll definitely come up.

Edit: It's 40 days, try these threads.