Response to Queston 7.10 in Set(O) form

[priyadri]

Hi All,

I am confused with one final question, and want to know if anyone could provide further help here:

I have a simple caution and want to declare it. But, there is no specific place in the form to mention the caution, the only way is to use the additional space provided at the end of section 7.
But to use this space you need to say yes to atleast 1 question from 7.1 to 7.10. I dont have any other convictions or issues so my answer is no to everything from 7.1 to 7.9 and for 7.10 I dont want to say 'Yes' as my character cant be gudged based on my simple caution or incident. I didnt pay any fine or go to court or got any further letters from Court or Police.

Based on the valuable inputs I have got from members on this forum I am going to Solihull PEO and I suppose they will check my form first over there. So, I want this caution to be declared in the form and then right a detailed view in the cover letter (Planning to give the cover letter only when I am asked).

Can anyone who has ever declared a caution please help.

[priyadri]

Can any senior members please respond

[wpilr_nov12]

Can any senior members please respond

What was the caution for? Pls elaborate.

[priyadri]

The caution was for shoplifting offence. No fine paid or didnt go to court.
Its not in my Disclosure scotland report but I know its there in police record as I went and checked in a police station

[sayome_now]

@priyadri

HO general ground for refusal reads

"There are two forms of Police cautions administered in the UK.
 A simple caution, or
 A conditional caution, which has specific conditions attached the offender must satisfy.
Reprimands and final warnings are similar to cautions but are issued in the UK to those aged 17 or under.
A police caution forms part of a person's criminal record and therefore if a person has a caution within the relevant timeframe, you must:
 refuse the application (where mandatory), or
 consider refusing the application (where discretionary)."

So, simple cautious unfortunately forms part of your criminal record so you need to declare it on the form! If you do CRB, there is a section that is dedicated to Cautions, Final Warning and Reprimands.. You could check your CRB to be absolutely sure that the caution is not on your record.

[priyadri]

I did my CRB check through disclosure Scotland and nothing came on it.
I want to declare the caution but just finding for where to do it in the form as there is no section for cautions.

[sayome_now]

@priyadri

You will need to tick yes to this question on section 7.1

7.1. Have you or any dependants who are applying with you been convicted of any criminal offence in the UK or any other country?

This is because caution comes under non-custodial criminal conviction. If you still not convinced ask the senior members to point you in the right direction.

[priyadri]

I dont think I need to declare a caution in the 7.1 section for criminal conviction.
Senior Members please correct me if I am wrong.

[alanwong]

I dont think I need to declare a caution in the 7.1 section for criminal conviction.
Senior Members please correct me if I am wrong.

Caution is not a criminal conviction. The best place to mention it is to tick 7.10.
Question 7.10 says activities which might indicate ..... It might not indicate, it is up to caseworkers to judge.

This is only my view.

[sayome_now]

Read page 55 of the general ground for refusal which directly address cautions. But to put context to the whole non-custodial sentence list start reading from page 15.

When you finish reading it please share your view and interpretation of what it means. Your view might help to defuse this knotty issue of criminal and/or no criminal conviction thing. It is too confusing.... and open to too many interpretation.

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

[priyadri]

If I say yes to 7.10 then in matter I am accepting that I have done something worng that will impact my Good Character. This may impact my application itself.

I was thinking of not saying anything in the form but detailing in the cover letter and giving the cover letter to case worker at th end

[alanwong]

If I say yes to 7.10 then in matter I am accepting that I have done something worng that will impact my Good Character. This may impact my application itself.

I was thinking of not saying anything in the form but detailing in the cover letter and giving the cover letter to case worker at th end

In anyway, you have to make it known to caseworkers. I doubt it makes differences to your application in the way you make it known to caseworkers.