tlf fare evasion Section 10 (b) clarification
Posted: Thu Jan 21, 2016 10:16 pm
Hi
Sorry if this question has been asked already.
My friend got prosecuted by tfl. This happened 2 years ago. He says that he has never had any criminal offense before or after that incidence. Can he apply for naturalization on the basis of the point below?
I read the guidance note:
Q8 - I have one non-custodial sentence but 3 years has not lapsed, will they still refuse me?
If you have a single (one) conviction (non-custodial) and it occurred within the first 2 years of the 3 (i.e. you have had no offences within the last 12 months), there are strong countervailing factors which suggest that you are of good character in all other regards and the decision to refuse would be disproportionate then it may be deemed an exceptional case and your application may be granted (exceptional grant under section 10(b) of Chapter 18, Annex D) despite 3 years not lapsing since the date of conviction. It may be wise to only try this where the non-custodial sentence was for a 'minor offence' and did not involve drugs or violence for example. See also, Q8A.
Please can someone senior throw some light on this. Does TFL : fare evasion comes under this non custodial crime category.
Many thanks for the help.
Sorry if this question has been asked already.
My friend got prosecuted by tfl. This happened 2 years ago. He says that he has never had any criminal offense before or after that incidence. Can he apply for naturalization on the basis of the point below?
I read the guidance note:
Q8 - I have one non-custodial sentence but 3 years has not lapsed, will they still refuse me?
If you have a single (one) conviction (non-custodial) and it occurred within the first 2 years of the 3 (i.e. you have had no offences within the last 12 months), there are strong countervailing factors which suggest that you are of good character in all other regards and the decision to refuse would be disproportionate then it may be deemed an exceptional case and your application may be granted (exceptional grant under section 10(b) of Chapter 18, Annex D) despite 3 years not lapsing since the date of conviction. It may be wise to only try this where the non-custodial sentence was for a 'minor offence' and did not involve drugs or violence for example. See also, Q8A.
Please can someone senior throw some light on this. Does TFL : fare evasion comes under this non custodial crime category.
Many thanks for the help.