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SC Minor conviction to be removed from criminal record check
Posted: Wed Jun 18, 2014 6:03 pm
by FaeLLe
All police cautions and minor convictions should not have to be disclosed in criminal record checks, the Supreme Court has ruled.
Wonder how this ruling will affect Home Office criminal record checks or view of people applying for ILR or Citizenship.
Will minor convictions now NOT regard people as being against general good of public and hence approve the applications.
Source:
Re: SC Minor conviction to be removed from criminal record c
Posted: Wed Jun 18, 2014 9:16 pm
by Amber
It will have no effect as immigration and nationality application are not subject to the provisions of the 1974 Act. Moreover, this verdict related to DBS certificates for the purpose of Part V of the Police Act 1997 and the 1975 Exemptions Order as amended in May 2013.
Re: SC Minor conviction to be removed from criminal record c
Posted: Thu Jun 19, 2014 5:42 pm
by FaeLLe
Hello Amber_,
What was the amendment in Nov 2013?
Is that the same as the new criminality threshold sticky in the forum?
Thanks.
Re: SC Minor conviction to be removed from criminal record c
Posted: Thu Jun 19, 2014 5:45 pm
by Amber
The change in December 2012 related to the period that must elapse for a conviction or akin to be not treated as a general grounds for refusal. This removed the involvement of the 1974 Act.
Re: SC Minor conviction to be removed from criminal record c
Posted: Thu Jun 19, 2014 9:02 pm
by Zataak
To be clear, Does it mean Simple Caution still can lead to refusal of ILR and Citizenship??
Re: SC Minor conviction to be removed from criminal record c
Posted: Fri Jun 20, 2014 12:21 am
by Amber
Yes.