Caution ad naturalisation

[djazaira]

a caution

[gidoc]

No reason to worry, read below(from https://www.askthe.police.uk):

A caution is a formal warning that is given to an adult who has admitted the offence. If the person refuses the caution then they will normally be prosecuted through the normal channels for the offence. Although it is not technically classed as a conviction it can be taken into consideration by the Courts if the person is convicted of a further offence.


Cautions (including reprimands and warnings) are covered by the Rehabilitation of Offenders Act 1974 so will become spent immediately (apart from conditional cautions which will become spent after 3 months). This means that if you are asked on an application form if you have a caution you can reply 'no'. For conditional cautions it would be after 3 months since the caution was issued, up until that time you would have to reply 'yes'.

This applies retrospectively so applies to anyone who has ever had a caution (including reprimands and warnings), regardless of when it was given.

[djazaira]

Thank you for reply.

I would like to clarify if simple caution needs to be declared in application form?

According to Rehabilitation Act amendment in 2008 caution is spent on the day issued, however there is no mention of it in the Naturalisation application/guidance notes (except from Conditional Caution that is spent after 3 months)

Guidance for HO staff say that they should normally disregard a caution unless it is multiple or person is on sex offender list.

Hence I`m confused and could anyone advise if simple caution needs to be declared at all??

[Infinite-leave]

Thank you for reply.

I would like to clarify if simple caution needs to be declared in application form?

According to Rehabilitation Act amendment in 2008 caution is spent on the day issued, however there is no mention of it in the Naturalisation application/guidance notes (except from Conditional Caution that is spent after 3 months)

Guidance for HO staff say that they should normally disregard a caution unless it is multiple or person is on gender offender list.

Hence I`m confused and could anyone advise if simple caution needs to be declared at all??

Hi,

I am in a similar situation. Just been issued a Caution yesterday and I am worried. Can anyone please answer the above question?

Kind Regards
Rob

[asim72]

Thank you for reply.

I would like to clarify if simple caution needs to be declared in application form?

According to Rehabilitation Act amendment in 2008 caution is spent on the day issued, however there is no mention of it in the Naturalisation application/guidance notes (except from Conditional Caution that is spent after 3 months)

Guidance for HO staff say that they should normally disregard a caution unless it is multiple or person is on gender offender list.

Hence I`m confused and could anyone advise if simple caution needs to be declared at all??

Please read the comprehensive reply already given by gidoc.

Whats the need of repeatedly askiing the same thing when it has already been answered fully?

[asim72]

Thank you for reply.

I would like to clarify if simple caution needs to be declared in application form?

According to Rehabilitation Act amendment in 2008 caution is spent on the day issued, however there is no mention of it in the Naturalisation application/guidance notes (except from Conditional Caution that is spent after 3 months)

Guidance for HO staff say that they should normally disregard a caution unless it is multiple or person is on gender offender list.

Hence I`m confused and could anyone advise if simple caution needs to be declared at all??

Hi,

I am in a similar situation. Just been issued a Caution yesterday and I am worried. Can anyone please answer the above question?

Kind Regards
Rob

Please read gidoc's comprehensive reply, which is very clear. If you cannot make sense of it, then I would say that you are not capable of making sense of rules/regulations/laws and you should contact a solicitor, spend some money and have peace of mind.

[Infinite-leave]

Rob[/quote]

Please read gidoc's comprehensive reply, which is very clear. If you cannot make sense of it, then I would say that you are not capable of making sense of rules/regulations/laws and you should contact a solicitor, spend some money and have peace of mind.[/quote]


Thanks for your reply. we are all here to seek some advise fromprofessionls or people with the same experience, not all the people on this forum are law minded. I could go to a Criminal defence lawyer but my question surrounds immigration land criminal defence. Are you seriously suggesting that i should see both?

Thanks for your reply again, for now i have got my answers from

http://www.xact.org.uk/information/down ... 6-2008.pdf

[asim72]

Well, all I meant is, you are asking for advice in this thread, when a member has already given comprehensive and accurate information.

So, what is the point just by repeating the exact query (which has been already answered).