urgent advice please

[mkhan84]

could someone please advice me... many thanks in advance....

I was cautioned in 2006 December in Belfast for picking someone's mobile. I paid the owner the full money and I never went to court. i signed something in a paper but i don't know what was it.

i had crb check here in Manchester after an year but nothing was mentioned on my crb check.

I am about to apply for BC in February this year. Please tell me do i need to mention about my caution there. i already have PR last year


moderators please help and advice...

Many thanks

[asim72]

did you get a caution or warning? two totally different things.

[mkhan84]

Asim

I have no idea mate. I was like so much frustrated that I just wanted to get the things over asap. It was in 2006 and I all I remember is that when they call me to the police station for interview, i admit it and then they took my finger print, photo, dna , interviewed on the tape and then ask me to pay the owner money and let me go in 20 minutes. i paid the owner money on the same day and later they called me back to sign a document. that's all. The police even didn't say, "You do not have to say anything. But it may harm your defense etc etc

I never went to court. i then moved from Belfast to Manchester after an year as I got a job here. They did an enhanced CRB but nothing was on it.

Many Thanks
Khan

[asim72]

If they took your DNA etc then I am sure that it was a caution.
Cautions are not conviction, but they are part of criminal record.
Now, form AN asks for convictions and civil judgement. It does not ask for cautions. So, you do not need to mention it.

Now you might worry that they might refuse your application if they find out about you caution during their checks. Good news is, that they will not refuse your application due to the caution. Current guidelines require 3 years waiting period after a caution. You are well past 6 years from your caution. So, there is nothing for you to worry.

[mkhan84]

If they took your DNA etc then I am sure that it was a caution.
Cautions are not conviction, but they are part of criminal record.
Now, form AN asks for convictions and civil judgement. It does not ask for cautions. So, you do not need to mention it.

Now you might worry that they might refuse your application if they find out about you caution during their checks. Good news is, that they will not refuse your application due to the caution. Current guidelines require 3 years waiting period after a caution. You are well past 6 years from your caution. So, there is nothing for you to worry.

Asim I am still so much worried as I have not told this in my family. I wont be able to face them if something like this happen. Could you please copy me the link where it says about 3 yrs... many thanks Khan

[mkhan84]

please moderators, advice me here as I am really worried... shall i tell home office what happened even if i was cautioned 6 years ago????

[rod_p]

Page 6 of this document:

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

3.5.5 As a caution forms part of a person‟s criminal record, when determining whether an applicant meets the "good character" requirement, caseworkers must take them into account. Where the application was made on or after 13 December 2012 a caution comes within the „non custodial offence‟ threshold. As such, where someone has a caution within 3 years of their application, it should be refused.

It's new, it's strict but nothing for you to worry about!

[mkhan84]

thanks friend

But do I have to mention it in the application form or not?

Thanks

[nsrisri]

HI mkhan84
I don't think this will be a problem because if it would have been then in first place you wouldn't have got your PR.

[mkhan84]

dear all many thanks for your advice.

Khan