Cautioned by Police, about to apply for SET(M)

[BakingBook]

Hello,

I would appreciate your insight on what might happen when I apply for an ILR as an unmarried partner of a British Citizen with whom I have been in a steady relationship for many years.

I did something very stupid today - I was in a department store with some items of clothing for which initially I had intention to pay. I will omit the details of how this happened as I make no excuses for my wrong doing, but I was caught by a store detective who witnessed my concealing the said items and accused me of shoplifting. The police were called and I was questioned but released without arrest or move to the station as this was my first offense and also the officer suspected (and I agree) that I might be suffering from a postnatal depression.

I know being depressed does not justify anything, however the police officer said that he thought the priority was to get depression sorted out than to criminalise me because he could see that I was usually a good person. I have spoken to my family about it and am going to see my GP next week to discuss my psychological situation.

I am obviously very worried about what implications this might have on my ILR application. My worries are practical and hypothetical:

- Practically, does being questioned by the police without an arrest mean I have to tick YES to the question 8.2, asking if I have been charged with a criminal offence for which I have not yet been tried in court?

- Hypothetically, if I have to tick YES, what and how much should I explain in the box on the next page? Should I mention depression and that I am seeking help with it?

- And hypothetically again, what do you think the outcome of my application will be?

I am making an in-person application at a PEO in two weeks' time. Many thanks in advance for your advice.

[Casa]

You haven't been charged (only cautioned) and aren't awaiting a court hearing, so you can tick 'No' to the question.

[BakingBook]

Thanks, Casa, for your prompt reply. Now that you say I haven't been charged, I am feeling confused about terminologies. I was very panicky yesterday when I was speaking to the police that I do not have a definite understanding of what have happened. What does it mean to be "charged"? I was told that they were doing me a favour by not taking me to the police station because they believed that I was acting out of character; however they did say that I would receive a letter from Procurator Fiscal, and would probably get a warning of fine. Does this mean I am charged? And awaiting a court hearing?

Also, weather or not the charge wad made, do you think I should mention the event in the covering letter? I feel like I was lying if I didn't; but of course I do not want to jeopartise the application. Any advice appreciated, thank you.

[Casa]

I'm going to wait for response from others regarding the technicalities of 'a charge'. My understanding is that in order to charge you, the police would have to do this in a police station, and would also have to advise you of your rights with a verbal warning that anything you say may be used in evidence etc....Do you recall if this was said?

[x-ray]

Charge:

When you are charged with an offence you are given a charge sheet, containing details of the offence of which you are charged, when and where you are due to appear in court and the conditions of your bail.

Once you are charged you should not usually be asked any further questions unless, perhaps, new information has come to light.

Caution:

Once a police officer has reason to believe that you have committed an offence, he or she must caution you by explaining that it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.

After questioning you, the police must decide what to do next. If there appears to be enough evidence, they can:

* Charge you with the offence;
* Send the papers to the Crown Prosecution Service, for them to decide whether to charge;
* Arrange to issue you with a formal caution.

This is a strong warning from a senior police officer reminding you that you could have been sent to court, and that if you commit further offences, that is almost certainly what will happen. Formal cautions are given more often now because the re-offence rate is lower amongst those who do not go to court, but a caution can be given, only if the person admits guilt.

If the police feel there is not enough evidence to make a charge, they will either decide to take no further action, (and the case against you will be dropped), or will delay any decision while further enquiries are made.

It is up to you if you want to declare this incident on the form. If you do declare it, it will not have any major impact on your ILR.

[Casa]

Thanks x-ray. So BakingBook does this procedure appear to have been followed?

[BakingBook]

Thanks, both of you. I certainly have not been given any sheet or any paperwork for that matter, and there have been no mention of court appearance, so that seems to tell me that I was not charged. And the officer telling me that he was doing me a favour because he would rather that I got myself sorted and not re-offend than criminalise me seems to fit explanation of caution.

One thing I found out, though, while searching the net was that charging procedures differ between the English law and the Scottish law. I live in Scotland and the incident happened in Scotland, and I will be making an application at the PEO in Glasgow. And I have read that 'caution' is a term in English criminal system but not in Scotland. So I am really confused, especially because there is just one SET(M) form for use in both England/Wales and Scotland (and NI of course but I do not know if the situation is yet again different there or not).

Maybe I am getting too worried about it, and x-ray saying that it would not have any major impact is reassuring, but I am worried sick. If anybody knows anything at all relevant to this I would really really appreciate your help.

And thanks again, Casa and x-ray, for looking into this for me.

[Casa]

If you haven't been charged, and weighing everything up it appears you haven't, then you won't need to tick 'Yes' on the ILR application.

[BakingBook]

Thank you for clarifying this for me. I am still wondering though, if PEO officer will be able to find out about this for example through database check. I know that the incident itself is recorded on PNC - would the HO be able to see this information and ask me questions about it? Is it something I should tell them before they find out about it, so that it doesn't look like I was being dishonest about it?

I know it's a lot of questions and am repeating myself as well - but that's how worried I am...! Thanks yet again for your help!

[Reddevil12]

@Bakingbook - Can you please update whether you have mentioned about this in your application and what was the outcome of your application. Thanks in advance for your help.

[angelloveguy]

Police can't caution someone without arresting. so If you were not arrested then you have no criminal record.

You can find your criminal record by going to police station and request a form for Data protection act and Pay £10 and you will receive your criminal report by post.