It seems you have done everything you could to mitigate the situation and show your character has changed. It is also your only conviction (I am assuming no fines or motoring offences either). These cases are not very frequent. I would suggest that you get a letter from your GP/hospital or other medical evidence to show that in that period you were suffering from post-natal depression and that is what contributed to you offending. This thread is the best fit I could find
but it concerns a case with a prison sentence that you didn't have. I suggest you review the following guidance if you haven't already
Offences which cause serious harm
All applications where the person has committed a criminal offence, or offences, which caused serious harm, will normally be refused.
It is at the discretion of the Secretary of State whether they consider an offence to have caused serious harm.
An offence that has caused serious harm means an offence that has caused serious physical or psychological harm to a victim or victims that remains ongoing, or that has contributed to a widespread problem that causes serious harm to a community or to society in general.
When considering whether the person falls to be refused because they have committed an offence which has caused serious harm, you must take into account any offender management reports and any sentencing remarks made by the judge relating to the impact on the victim.
An offence may have caused serious harm even if the punishment imposed for the offence would not normally lead to an application being refused.
Where a person has been convicted of one or more violent, drug-related, sexual offences, hate crime, racially or religiously motivated offences, they will usually be considered to have been convicted of an offence that has caused serious harm.
When considering whether the person has committed a criminal offence, or offences, which have caused serious harm, you must balance these considerations with the length of time passed since the offence or offences occurred. For example, where a single offence of this nature was committed a long time ago, it may be also appropriate to consider whether there are mitigating circumstances that might support an exceptional grant.
Sexual offences and the Sex Offenders Register
The Sexual Offences Act 2003 requires a person to notify their local police force of their name, address and other details, including any changes to those details, if, in respect of certain sexual offences, they are either:
convicted of the offence
found not guilty of the offence by reason of insanity
found to be under a disability and to have done the act they are charged with
(in England, Wales or Northern Ireland) cautioned for the offence This also includes convictions for offences outside the UK.
Details are recorded by the police on a register (commonly known as the Sex Offenders Register). This assists the police in monitoring the whereabouts of any sex offenders living in their community. The length of the notification period depends on the facts of the case.
Certain sex offenders may also be subject to the following:
Sexual Harm Prevention Orders – where the person has been convicted or cautioned for a sexual or violent offence and poses a risk of sexual harm to the public in the UK and/ or children or vulnerable adults abroad
Sexual Risk Orders – where the person poses a risk of harm to the public in the UK and/ or children or vulnerable adults abroad, including individuals without a relevant conviction or caution
Notification Orders – where the person has been convicted or cautioned outside the UK for a sexual offence
Sexual Offences Prevention Orders (SOPO) – where the order is necessary to protect the public (or a specific person) from sexual harm from the offender.
Foreign Travel Orders – where the order is necessary to protect children (or a specific child) from sexual harm abroad
Risk of Sexual Harm Orders (RSHO) – where it is believed that the person may engage in certain specified activities of a sexual nature
Sexual Offences Prevention Orders, Foreign Travel Orders, and Risk of Sexual Harm Orders have been replaced in England and Wales with Sexual Harm Prevention Orders and Sexual Risk Orders. For further information see: Guidance on part 2 of the Sexual Offences Act 2003.
Any application from a person who is subject to reporting notifications or to one of the orders listed above will normally be refused for as long as the order remains in force, regardless of whether they have a custodial sentence of at least 12 months.
A person’s inclusion on the register will cease after a set period of time. This depends on how long they were sentenced to be on the register. However, details of the offence may remain on the Police National Computer as these need to be available should a person apply to work with children or vulnerable adults.
While there may no longer be a requirement to register, the original offence will normally still merit a refusal on the grounds of causing serious harm. Each case should be considered on its individual merits.
Non-custodial sentences and out of court disposals
Absolute and conditional discharges
Absolute and conditional discharges may be given for minor offences. There is a finding of guilt and they both result in a criminal record, but they are deemed not to be a conviction. The differences are:
absolute discharge – the court does not impose a punishment, either because the offence was very minor, or the court considers that the experience of going to court has been enough of a deterrent
conditional discharge – the person is released with conditions imposed for a set period (1 to 3 years): no further action is taken unless they commit a further offence within that period in which case they can be re-sentenced for the original offence as well as the new one
Absolute and conditional discharges are considered as non-custodial offences or out of court disposals, recorded on a person’s criminal record.
The exception to this is where the person is given a conditional discharge but commits a further offence during the period of conditional discharge and is re- sentenced. In such a case the order conditionally discharging the person will be considered as a conviction when assessing the good character requirement.
Fines
A fine counts as a criminal conviction and forms part of a person’s criminal record, with the exception of fiscal fines imposed under Scottish Law, see Procurator Fiscal fines for more information.
All fines must be declared, and any failure to declare may result in an application being refused on the grounds of deception. See deception and dishonesty.
You must consider whether or not the person is of good character on the balance of probabilities. Generally, the more recent or sizeable the fine, or if the circumstances of the conviction or disposal call the person’s character into question, the more likely it is that the person will not be considered to be of good character. See considering the balance of probabilities.
Compensation orders
When a person is convicted of an offence, the court can give an offender a compensation order. This means the offender must compensate the victim for any personal injury, loss or damage resulting from the offence.
A compensation order can be given either as a sentence in its own right or alongside another sentence – such as a fine or a community order. Where it would be appropriate both to impose a fine and to make a compensation order, but the offender has insufficient means to pay both, the court will give preference to compensation. Compensation may be paid over a period of up to 3 years in appropriate cases.
The Sentencing Act 2020 that governs compensation orders applies only to convictions since December 2020 and ensures that the court is obliged to make a compensation order in any case where it is empowered to, whether requested on application or not.
In cases where a person has received an order or orders which would suggest a pattern of behaviour that calls into question their character, you must consider whether the person is of good character on the balance of probabilities. See considering the balance of probabilities.
Fixed penalty notices, penalty charge notices and penalty notices for disorder
Fixed penalty notices, penalty charge notices and penalty notices for disorder are imposed by the police or other authorised enforcement officers for traffic rule violations, environmental and civil violations. A fixed penalty notice may also be issued where a person has committed an offence under the coronavirus Regulations. It is a way of the criminal justice system disposing of minor offences without the need for a person to attend court.
Receiving one does not form part of a person’s criminal record. A fixed penalty notice will not normally result in refusal unless the person has failed to pay or has unsuccessfully challenged the notice and there were subsequent criminal proceedings resulting in a conviction. In such instances, they should be treated in line with the sentence imposed by the court.
However, multiple fixed penalty notices over a short period of time, could demonstrate a disregard for the law and therefore demonstrate that someone is not of good character.
See considering the balance of probabilities for more information.
Cautions, warnings and reprimands
A caution (simple or conditional), youth caution, warning or reprimand, are all examples of an ‘out of court disposal’ which are recorded on a person’s criminal record.
Warnings and reprimands given to young offenders were abolished on 8 April 2013 by the Legal Aid, Sentencing and Punishment of Offenders Act 2012. Youth cautions were introduced instead. These are a formal out of court disposal that can be used as an alternative to prosecution for young offenders (aged 10 to 17) in certain circumstances.
A reprimand is issued for a minor first offence and where there is sufficient evidence for prosecution. A final warning is issued by the police for a second offence, no matter how minor. It is also possible to get a final warning for a serious first offence.
A reprimand and a final warning are non-custodial sentences and must be treated in the same way as a caution when considering whether a person meets the good character requirement.
You must consider whether or not the person is of good character on the balance of probabilities. See considering the balance of probabilities.
The more recent or numerous the caution, warning or reprimand, the more likely it is that the person will not be considered to be of good character. If the person has received multiple disposals this may show a pattern of offending. Older cautions, warnings or reprimands may still be a reason to refuse the application, if the circumstances of the conviction or disposal call the person’s character into question.
Community resolutions
A community resolution is used for less serious offences or anti-social behaviour. It is a tool which enables the police to make decisions about how to deal more proportionately with lower-level crime and is primarily aimed at first time offenders where genuine remorse has been expressed and where the victim has agreed that they do not want the police to take more formal action.
In establishing whether the good character requirement is met, you must consider the seriousness of the offence and whether it was a first-time offence.
Community sentences
Where a person is convicted of a crime by a court, they may receive a variety of sentences other than custody. These are often referred to as community sentences. They are designed to allow offenders to follow programmes to rehabilitate them, or to do work for the community. Such sentences can include:
alcohol treatment
attendance centre
compulsory unpaid work
curfew
drug rehabilitation
exclusion from specified areas
mental health treatment
participation in specified activities
prohibition from undertaking specific activities
residence requirement
supervision
undertaking accredited programmes
Having one or more of the above is a non-custodial sentence or out of court disposal that is recorded on a person’s criminal record.
You must consider whether or not the person is of good character on the balance of probabilities. See considering the balance of probabilities.
Generally, the more recent or numerous the community sentences, the more likely it is person will not be considered to be of good character. Older community sentences may still be a reason to refuse the application, if the circumstances of the conviction or disposal call the person’s character into question.
Detention and training orders
A detention or training order (DTOs) applies to young people aged between 12 and 17 who have been given a sentence of between four months and two years.
The statutory basis for DTOs is set out in Part 5 of the Powers of Criminal Courts (Sentencing) Act 2000. The first half of the sentence is spent in custody and the second half in the community. The young person is supervised by a Youth Offending team (YOT) and normally undertakes education or training whilst in custody. The courts can also require the young person to be on an intensive supervision and surveillance programme (ISSP) as a condition of the community period of the sentence.
A DTO is only given by the courts to young people who:
represent a high level of risk
have a significant offending history
are persistent offenders
where no other sentence will manage their risks effectively
The seriousness of the offence is always taken into account when a young person is sentenced to a DTO.
You must only take the custodial element of the DTO into account in the calculation of sentence length when establishing whether or not the person is of good character on the balance of probabilities. See considering the balance of probabilities.
Confiscation and forfeiture orders
A confiscation order is made after conviction to deprive a person of the financial benefit or benefits they have obtained from criminal conduct.
This is similar to a fine, with the person against whom the order has been made having to pay the amount within a set period. However, it is not treated as a fine for the purposes of a conviction and it does not count as a non-custodial sentence.
Instead, where a person has had a confiscation or forfeiture order made against them, you must consider whether that indicates a person is not of good character (either on its own or in combination with other factors) even if the sentence they received alongside the order would not in itself lead to a refusal.
For more information, see the Crown Prosecution Service (CPS) guidance on Confiscation and Ancillary Orders Pre-POCA.
Civil orders
The criminal and civil courts have numerous powers to make orders relating to a person’s conduct, and whilst the making of such an order does not result in a conviction being recorded against the individual concerned, this will have a bearing on any assessment of that person’s character.
Some orders follow automatically on conviction. For example, a restraining order may follow on from a conviction for assault. Others may be applied for by the police, the CPS or the alleged victim.
An order may contain conditions prohibiting an individual from carrying out specific anti-social acts or, for example, entering defined areas.
A list of the most common orders is available at potential court orders. However, this is not an exhaustive list.
Official – sensitive: start of section
The information in this section has been removed as it is restricted for internal Home Office use only.
Official – sensitive: end of section
A civil order will not normally result in refusal unless the person has:
violated or broken the civil order and there were criminal proceedings as a result
received an order or orders which would suggest a pattern of behaviour that calls into question their character
there are other factors to suggest the individual is not of good character
In cases where a person has violated or broken the civil order and there were criminal proceedings as a result, you must consider this as a conviction and assess it in line with the new sentence imposed.
In cases where a person has received an order or orders which would suggest a pattern of behaviour that calls into question their character, you must consider whether or not the person is of good character on the balance of probabilities. See considering the balance of probabilities.
Hospital orders and restriction orders
Hospital orders are different to civil orders. A crown court or magistrate’s court in England or Wales may authorise detention in a hospital for treatment where a person has committed an offence (for example, a hospital order under section 37 of the Mental Health Act 1983 (1983 Act)). To do this the court should be satisfied that the offender is suffering from mental illness, psychopathic disorder, or some degree of mental impairment.
In addition to a hospital order, the court may impose a restriction order under section 41 of the 1983 Act.
The court will take into account the nature of the offence, the person’s history, and the risk of the person offending in the future. Where a person is the subject of a hospital order, it is important to find out whether there is a restriction order too.
A hospital order will usually cease to have effect on the date the person is discharged from hospital. This will happen unless the person has been recalled to hospital. In these cases, the order remains in effect until fully discharged. Unless this information has already been provided, it may be necessary to confirm the person’s release date with the hospital. If there is also a restriction order, it will be for the Home Secretary to decide whether the person should be discharged. In such cases, check with the Mental Health Casework Section of HM Prisons and Probation Service whether a restriction order has been rescinded.
Being subject to a hospital order is a non-custodial offence or out of court disposal that is recorded on a person’s criminal record.
However, if the hospital order or restricted hospital order has not been fully discharged, you must normally refuse the application irrespective of when the person was subject to the order.
Considering the balance of probabilities
Where a person has criminality that would not normally result in the refusal of their application, you must decide whether they are of good character, on the balance of probabilities.
An assessment of whether or not a person is of good character on the balance of probabilities, must take account of all available information concerning the applicant’s character, weighing any negative factors around criminality against mitigating factors such as contributions a person has made to society or any significant proportions of a person’s life spent not offending.
You must consider the individual circumstances of the case; what may be appropriate for one case will not be appropriate for another. Each application must be carefully considered on an individual basis on its own merits, giving consideration to the (non-exhaustive) list of factors below:
Length of time since offences
You must consider how long ago the offences took place. The more recent the offence, the more likely it is the applicant is not of good character.
Older offences may still indicate the person is not of good character, if the circumstances of the conviction or disposal call the person’s character into question.
It is also more likely that a person will not be meet the good character requirement on the sole basis of non-custodial offences or out of court disposals where the offences took place recently.
Number of offences
You must consider the number of offences on the applicant’s record. There is no set number of non-custodial sentences or out of court disposals that would mean a person is not of good character; however, the higher the number the more likely it is the person is not of good character.
A person who persistently shows a lack of respect for, or desire to comply with, the law of the UK, through frequent criminal activity and adverse engagement with the judicial system, can be considered to show a particular disregard for the law.
Where a person is identified as a persistent offender who has shown a particular disregard for the law, they will normally not be considered to be of good character on that basis alone.
Period over which offences were committed
You must consider the period over which offences were committed or other disposals occurred. For example, a series of minor offences or disposals in a short space of time may indicate a pattern of sustained anti-social behaviour or disregard for the law which will be relevant to the assessment of the person’s character.
Older non-custodial sentences or out of court disposals may be relevant if there are other serious factors.
Where a person is identified as a persistent offender who has shown a particular disregard for the law, they will normally not be considered to be of good character on that basis alone.
The seriousness of the offence
The sentence or disposal should be the primary indicator of the seriousness of the offence. You must consider the nature of any offence(s) the person has been convicted of and whether they are offences which have caused serious harm. If the offences are sufficiently serious it may be appropriate to refuse on the basis of causing serious harm.
Any escalation in the seriousness of offences
You must consider if there is a pattern of offending. A person may have committed a number of offences which have escalated in seriousness. For example, a person may have been involved in theft which then escalates to burglary, and then aggravated robbery. If the more recent offences are sufficiently serious it may be appropriate to refuse on the basis of causing serious harm.
Nature of the offences
You must consider the nature of the offences or the behaviour that led to other disposals. Anti-social behaviour, drug use, or violence may indicate that a person’s character is such that a refusal would be appropriate (particularly if there is a pattern of such behaviour) on the basis of causing serious harm.
Applicant’s age at the date of conviction
You must consider the applicant’s age at the time non-custodial sentences were imposed or out of court disposals took place. Isolated youthful indiscretions will not generally indicate a person is of bad character if that individual has clearly been of good character since that time.
Exceptional or other circumstances
You must consider the relevance of particular circumstances in a person’s life when they committed the offence(s).
Other mitigating factors
You must also consider whether the applicant has demonstrated genuine, meaningful attempts to change their behaviour and comply with the law that may indicate, on a balance of probabilities, they are now considered to be of good character despite earlier offending. A long period of time with no offending will be a more positive factor than a short period of time.
An applicant may have also been involved in activities that indicate they may be of good character. For example, they may have,
engaged with programmes or activities aimed at addressing the cause of the offending, such as (but not limited to) treatments aimed at reduction of alcohol consumption, or drug dependency or anger management courses
actively engaged with voluntary work, charity work, or actively promoted the reduction of crime
The list of factors is indicative, not exhaustive.