ILR with spent criminal offence
Posted: Mon Apr 27, 2015 4:50 pm
In short, I was caught by TFL inspector at tube station attempting to travel on London Underground without having a previously paid fare of £4 in Aug 2012, which was silly mistake really. I plead guilty and apologised sincerely for my mistake in court and was given a conditional discharge for this offence, stating that as long as i do not commit an offence during the next 12 months from the date of the order (Feb 2013,) then I will not be punished.
By definition, a conditional discharge is a sentence that diminishes the finding of guilt in which the offender receives no punishment provided that, in a period set by the court (not more than three years), no further offence is committed. If an offence is committed in that time, then the offender may also be resentenced for the offence for which a conditional discharge was given. Under criminal law, a conditional discharge does not constitute a conviction unless the individual breaches the discharge and is resentenced.
And under 322(1C)(iv) you will be rejected if you had, within the 24 months prior to the date on which the application is decided, been convicted of or admitted an offence for which they have received a non-custodial sentence or other out of court disposal that is recorded on their criminal record
Now, I WILL declare this in my ILR application because Home Office would have this on records as part of extension application in 2013 anyway; but I want to confirm that my understanding is correct.
1. Given this spent conditional discharge, even though I am not convicted, I still admitted this offence, thus a criminal record?
2. Given the court order was issued in Feb 2013, 322(1C)(iv) will not apply to my ILR application in Jun 2015?
By definition, a conditional discharge is a sentence that diminishes the finding of guilt in which the offender receives no punishment provided that, in a period set by the court (not more than three years), no further offence is committed. If an offence is committed in that time, then the offender may also be resentenced for the offence for which a conditional discharge was given. Under criminal law, a conditional discharge does not constitute a conviction unless the individual breaches the discharge and is resentenced.
And under 322(1C)(iv) you will be rejected if you had, within the 24 months prior to the date on which the application is decided, been convicted of or admitted an offence for which they have received a non-custodial sentence or other out of court disposal that is recorded on their criminal record
Now, I WILL declare this in my ILR application because Home Office would have this on records as part of extension application in 2013 anyway; but I want to confirm that my understanding is correct.
1. Given this spent conditional discharge, even though I am not convicted, I still admitted this offence, thus a criminal record?
2. Given the court order was issued in Feb 2013, 322(1C)(iv) will not apply to my ILR application in Jun 2015?