Traffic offence

[kvora]

Hi,

I was involved in a road traffic accident, whereby, a padastrain walked into my car without checking both the sides of the road. I panicked and I failed to stop. However, as soon as I got home, I informed the local police station. I got summoned from Magistrate court where I pleaded guilty. I was told that the padastrain got injured. I got 8 points on my licence with £500 fine. I recently found out from my insurance company that the injured person is claiming for the injuries.

I know it sounds serious, however, this has been my only conviction. This is my sixth year in UK. Will I have to wait for 5 years for the conviction to become spent? Or can I apply for ILR assuming this as a one-off incident? If not, can I apply for limited leave to remain under Tier 2?

Please help, I am really anxious.

Thanks,

[madhumesh]

You need to provide more details about your conviction to get any decent replies

[kvora]

Hi,
Thanks for your reply. The specifics of the conviction is as below:
8 points on my licence
Fine of £600 in total
The letter states 'failure to stop after road accident and/or able to provide driver's details'.

Please let me know if you need any futher information.
Thanks

[kvora]

And I believe the road traffic offence code is AC10.

[ssidd]

When is your ILR IS DUE? Did you apply for PNC record?

[kvora]

My ILR was due in July 2012, however, the accident took place in October 2011 so I couldn't apply for the ILR. I have applied for the PNC record. Awaiting response.

[ssidd]

I am in the same boat...I was involved in an accident in sep-2011 and got fine and points by Magistrate court in May 2012. I have applied for PNC which given me all details of my incident and even mention fine and endorsement on my license. I do not know it is CRIMINAL CONVICTION or not? My ILR is due in May 2012.

[kvora]

Someone please help...we need to know whether we are eligible to apply for ILR or is it that we have to wait for 5 years?

[madhumesh]

Look at last paragraph rules are changing from 13th Dec, if you conviction is on criminal records you may have to wait for 2 years but don't get any conclusion now as it will be more clear soon.

[kvora]

Thanks. Based on the information published, it appears that anyone with a conviction, whether minor or major, can apply for ILR after 24 months of the conviction date, the only exception being if they have been in prison for a crime.

Have I understood this clause correctly?

[madhumesh]

Yes.

[ssidd]

Hi,
I am confused about PNC. In my case PNC tells all the information and the outcome of case i.e FINE and points on my license. Does it mean I have criminal conviction? or I need to check Disclosure Scotland/CRB?

Regards
Sidd

[madhumesh]

link

Both Standard and Enhanced CRB checks contain details of:

spent convictions (see CRB website for information about spent and unspent conviction information)
unspent convictions
cautions
reprimands
final warnings
police information held locally by the Police (for Enhanced checks only)
information held by the Independent Safeguarding Authority (for positions working with vulnerable adults and children)

This information comes from the Police National Computer (PNC). The CRB only reveals relevant information that is recorded by the police on the PNC.

Hi,
I am confused about PNC. In my case PNC tells all the information and the outcome of case i.e FINE and points on my license. Does it mean I have criminal conviction? or I need to check Disclosure Scotland/CRB?

Regards
Sidd

[ssidd]

my PNC report says nothing about conviction....how can I find out from my report that my traffic offence is criminal conviction or not?