Advice declaring a police caution on "Part 6"

[brentallan]

Good morning!

I have a query regarding declaring a police caution on my application for a Tier 4 (General) Student Visa. I will begin by providing a quick background:

On the 10/03/12, I received a police caution in the UK for posession of a Class B controlled drug.

Last month, I applied for a Visit Visa, and failed to declare the police caution on my application form on Question 75: "Do you have any criminal convictions in any country?"

My visa was refused under paragraph 320 (7a), as the ECO claimed that I used deception in my application by failing to declare the police caution.

I filed a Pre-Action Protocol for Judicial Review, on the grounds that the UKBA Guidance Notes state: "Please note that a caution is not a conviction. It is an out of court disposal which is recorded on an individual's criminal record. Since it is not a conviction the applicant should not be refused under paragraph 320(7A) if they fail to declare it on the application form."

The decision was overturned folowing the Pre-Action Protocol, and I was issued my Visit Visa, after which I travelled to the UK for 3 weeks.

I am now in the process of applying for my Tier 4 (General) Student Visa, and though the refusal under paragraph 320(7A) was overturned, I want to ensure that I avoid any similar problems with this visa application. I want to declare the police caution on my application form, but want to declare it in answer to the correct question, and word it correctly.

The visa application form has two questions that I feel may be appropriate:

1st Question - 6.9 "Do you have any criminal convictions either in the UK or overseas?
Do I a) Answer "No [As it technically isn't a conviction], but I did receive a police caution on xxx for xxx", or do I Answer "Yes, though I wasn't convicted, so technically it isn't classed as a conviction (As per RFL10.3), I did receive a police caution on xxx for xxx.
Basically, do I answer "Yes" or "No" to this question, though obviously declare it either way. I hope this makes sense.

2nd Question - 6.10 "Have you ever been charged in any country with a criminal offence for which you have not yet been tried in court?"
Do I answer "No" to this question, as it was obviously not necessary for me to be tried in court for a simple police caution, or do I answer "Yes" to this question?

Your advice would be greatly appreciated - after previously having been refused under Paragraph 320(7A) for not declaring my police caution (though the guidance notes say that it is not necesasry to declare), though it was overturned in Judicial Review, I want to ensure that I don't encounter any further problems.

Many thanks!