Points on licence - NCS told to wait

[usman81]

Dear Gurus, Seniors, and Readers. my brother crossed red light by a split second and received 3 points on his licence and a fixed fine. This happened nearly a year ago. The matter did not go to court.

He also has a court conviction for rail fare evasion which is already 3 years old.

Question is, do licence-points and fine (both for same incident) stop him from applying for naturalization? He had a NCS appointment today and was told to wait till 2018. My understanding was since this was not a conviction from court hence should not prevent him from applying!

Guidance from seniors will be much appreciated.

KR

[usman81]

adding more to original question. I've just seen his counterpart driving licence and in endorsement section it has a "convicting court code = 2572"! Even though matter did not go to court and he accepted his fault, does it still mean conviction was ruled from court? The letter from metropolitan police states "Fixed Penalty Notice" and also reads that "Read your options to resolve this matter without the need for court proceedings". And he accepted guilt without going to court.

[usman81]

Thoughts/suggestions please

[kankerot]

The points are issued by the court as an administrative duty, technically it is a criminal conviction but its 3 points which everyone has. Just declare it - nothing to worry about.

As to evading the train fair, if that is a criminal conviction then I doubt the HO will look on that kindly.

Its very easy to get 3 points on your licence and not be a bad driver but I fail to see how you can board a train and chance not paying a fare.

[usman81]

His fare thing happened 3 yrs ago so that's not a barrier to apply, although it's still HO discretion to consider that or not.

However, where should driving points be declared, in criminal or civil section? And I don't understand why NCS personnel asked him to wait until 3 yrs have lapsed on driving offence.

[CR001]

but its 3 points which everyone has. Just declare it

No, not everyone has it. 25 years I have been driving and never received a fine etc.

[usman81]

Dear CR001, very true. Please shed some light on Thi matter. Thanks

[usman81]

Dear Gurus, i would appreciate a reply. thanks

[ohara]

From your post I assume he accepted the fixed penalty (FPN) as the matter didn't go to court.

The AN Guide state that any fixed penalties should be declared but will not usually be taken into consideration for good character.

At my NCS appointment the advisor said as long as you don't have more than one fixed penalty in the last 12 months you'll be fine.

Court conviction is a different story. I suggest you read AN Guide and AN Booklet, specifically sections on good character.

[Casa]

Be aware that for BC, in deciding good character:
"Certain immigration and nationality decisions are now exempt from section 4 of
the Rehabilitation of Offenders Act 1974. This means that it does not matter
whether a conviction is “spent” when assessing good character provided the
application was made in England, Wales or Scotland."

This probably why the NCS employee advised you to delay your application.

[usman81]

Ncs employee said court conviction on rail fare evasion has lapsed 3 yrs so that shouldn't prevent from applying. But driving points and fine were charged without court proceedings but still he asked to wait until 3 yrs have lapsed on it. This is what bothers me if matter didn't go to court why to wait for 3 yrs? Or does it imply that all driving points have to lapse 3yrs before applying for naturalization?.
Kindly advise

[usman81]

Dear gurus. Please suggest/comment.

[usman81]

Plzzzzzz advise.

[ohara]

When I had my NCS appointment I was told it was fine to have one FPN in the 12 months before application.

By the way, red light cameras will only trigger if you cross the line at least 1 second after the red light is illuminated.