Need Advice
Posted: Thu Oct 01, 2015 6:56 pm
Dear Sir/Madam
I hope you are fine. I was arrested by the Police 2 weeks before illegally on the false alleged allegations of assault. I have spent 10 hours in the Police station and I requested a Duty Solicitor for an interview. Police gave me the following decision by the post. The text of decision is:
“You are no longer required to surrender to bail at the time and date shown. The reason for cancelling your bail is based on the evidence available at this time No further action will be taken against you. However, if further evidence comes to light or following a review decision, consideration will be given to re-examining this case. It is important, therefore, that you keep material upon which you rely in a safe and secure manner”
I have checked with my Duty Solicitor and Cambridge Citizen Advice Bureau about the implications of this decision. They told case has been no further actioned against you (discontinued). This is not a criminal conviction or civil judgement or caution or warning. Further they told however it may appear in a DBS check that you were arrested for the alleged offence.
I have to apply for my British citizenship in next 3 weeks. In the application form they asked the following specific questions.
a) Have you been convicted of any criminal offence in the UK or any other country?
b) Do you have any civil judgement against you or any civil penalty in the UK or any other country?
c) Have you received any cautions (simple or conditional), warnings or reprimands in the UK or any other country?
d) Have you ever engaged in any other activities which might indicate that you may not be considered a person of good character?
Duty Solicitor and Cambridge Citizen Advice Bureau told me you can honestly answer 'no' to those questions (a, b and c) on the form because I have no other criminal offence, any civil judgement, any cautions (simple or conditional), warnings or reprimands in the UK or any other country.
However, they pointed out that in the Guidance to Form AN on the gov.uk website, there is a section 3.15 which reads below might be relevant to question d
“You must say whether you have been involved in anything which might indicate that you are not of good character. You must give information about any of these activities no matter how long ago it was. Checks will be made in all cases and your application may fail and your fee will not be fully refunded if you make an untruthful declaration. If you are in any doubt about whether you have done something or it has been alleged that you have done something which might lead us to think that you are not of good character you should say so”.
I have three questions.
Whether you think that clause (3.15) covers the kind of incident that I have described?
Should I disclose voluntarily that I was arrested for the alleged offence as additional information with naturalization application?
Do you think it will impact (disclosure or not disclosure) my application?
I hope to hear from you soon.
Regards,
I hope you are fine. I was arrested by the Police 2 weeks before illegally on the false alleged allegations of assault. I have spent 10 hours in the Police station and I requested a Duty Solicitor for an interview. Police gave me the following decision by the post. The text of decision is:
“You are no longer required to surrender to bail at the time and date shown. The reason for cancelling your bail is based on the evidence available at this time No further action will be taken against you. However, if further evidence comes to light or following a review decision, consideration will be given to re-examining this case. It is important, therefore, that you keep material upon which you rely in a safe and secure manner”
I have checked with my Duty Solicitor and Cambridge Citizen Advice Bureau about the implications of this decision. They told case has been no further actioned against you (discontinued). This is not a criminal conviction or civil judgement or caution or warning. Further they told however it may appear in a DBS check that you were arrested for the alleged offence.
I have to apply for my British citizenship in next 3 weeks. In the application form they asked the following specific questions.
a) Have you been convicted of any criminal offence in the UK or any other country?
b) Do you have any civil judgement against you or any civil penalty in the UK or any other country?
c) Have you received any cautions (simple or conditional), warnings or reprimands in the UK or any other country?
d) Have you ever engaged in any other activities which might indicate that you may not be considered a person of good character?
Duty Solicitor and Cambridge Citizen Advice Bureau told me you can honestly answer 'no' to those questions (a, b and c) on the form because I have no other criminal offence, any civil judgement, any cautions (simple or conditional), warnings or reprimands in the UK or any other country.
However, they pointed out that in the Guidance to Form AN on the gov.uk website, there is a section 3.15 which reads below might be relevant to question d
“You must say whether you have been involved in anything which might indicate that you are not of good character. You must give information about any of these activities no matter how long ago it was. Checks will be made in all cases and your application may fail and your fee will not be fully refunded if you make an untruthful declaration. If you are in any doubt about whether you have done something or it has been alleged that you have done something which might lead us to think that you are not of good character you should say so”.
I have three questions.
Whether you think that clause (3.15) covers the kind of incident that I have described?
Should I disclose voluntarily that I was arrested for the alleged offence as additional information with naturalization application?
Do you think it will impact (disclosure or not disclosure) my application?
I hope to hear from you soon.
Regards,
