Suspect for crime in Scotland by Home Office

HipHopAst · Post by **HipHopAst** » Thu Mar 03, 2016 6:46 pm

On 02.03.2016 I'm received letter from UK Visa and Immigration Office saying that there enquiries revealed that person matching my personal details has an impending prosecution currently being brought against them for "concerned in the production of a controlled drug". The charges were brought against the person by the Procurator Fiscal. They suspect me who was arrested in connection with this offence.
I presume that this happened in Scotland as PF is a public prosecutor in Scotland.
Now they need from me written evidence that all charges in this case have been dropped OR that I'm not the person who has been arrested in connection with this offence. It must be from Police or Procurator.
As I'm never live or even visit Scotland so this offence can not be connected with me.
What i need to do now as I have one week (12 March) to send written evidence but i don't know where to start.
EDIT:
My Wife receive approve letter 2 days before i get this.

Post by **noajthan** » Thu Mar 03, 2016 8:40 pm

HipHopAst wrote:On 02.03.2016 I'm received letter from UK Visa and Immigration Office saying that there enquiries revealed that person matching my personal details has an impending prosecution currently being brought against them for "concerned in the production of a controlled drug". The charges were brought against the person by the Procurator Fiscal. They suspect me who was arrested in connection with this offence.
I presume that this happened in Scotland as PF is a public prosecutor in Scotland.
Now they need from me written evidence that all charges in this case have been dropped OR that I'm not the person who has been arrested in connection with this offence. It must be from Police or Procurator.
As I'm never live or even visit Scotland so this offence can not be connected with me.
What i need to do now as I have one week (12 March) to send written evidence but i don't know where to start.
EDIT:
My Wife receive approve letter 2 days before i get this.

Does the letter actually say the offence was committed in Scotland?
(its quite a porous border).

Find out what happened & where/when.

Clarify identification details of alleged offender & offence.

Are their obvious similarities with you?
or any obvious differences?
- dig into details of: name, dob/age, gender, marital status, occupation/employer, address, NINO & etc.

Submit your identity details demonstrating and highlighting any/all differences from the offender.

Assemble evidence of your whereabouts on the date of the alleged offence or arrest.

Include verifiable corroborating evidence from credible 3rd parties;
for example if you were at work obtain written confirmation from your employer.

Time is short so if in doubt seek professional help.
You could also try contacting Citizen's Advice Bureau or a community law centre if there is such a service in your area.

HipHopAst · Post by **HipHopAst** » Thu Mar 03, 2016 9:25 pm

Thanks for your quick reply.
This is letter i receive from them:

Our enquires have revealed that a person matching your personal details has an impending prosecution currently being brought against them for "concerned in the production of a controlled drug". The charges were brought against the person by the Procurator Fiscal. It is reasonable to assume that you are the person who was arrested in connection with this offence.

You have not informed us of this significant change in your personal circumstance. Your responsibility to do this was clearly set out on page 33 of the Guide AN. Failure to keep this department informed of significant changes in your personal circumstances is, in itself, sufficient reason to justify our refusing your application for naturalisation as a British citizen.

You must now proceed to submit written evidence to us from either the Procurator Fiscal or the Police confirming that all charges in this case have been dropped OR that you are not the person who has been arrested in connection with this offence by no later than the 12 March 2016. Failure to submit this evidence with the deadline set will lead to the refusal of your application as the Secretary of State cannot be satisfied that you meet the good character requirement.

This is all letter from them.
I ask local police with no luck as they don't have authority to write this letter.
I did telephone to check this situation to the Police and Scottish Courts and Tribunals Service and they don't have anything on me in there records.
To get anything written from them i need to pay £25 and wait 14 days. As i receive this letter on 02.03.2016 so ther is no time to do this anyway.
Could some one help me with writing letter to them that its clear mistake as i never live in Scotland.
Why I know this is Scotland??
Procurator Fiscal is a public prosecutor in Scotland so it must be something in Scotland. Thats my guess.
I did try contact Home Office but no luck.
What page 33 he say as Guide AN have 22 pages??
Citizen's Advice Bureau no luck as they don't have person specializing wit this.

narsii · Post by **narsii** » Thu Mar 03, 2016 10:25 pm

I would suggest , apply for a Scotland Disclosure , Usually you will get it with in a week , I applied it recently for my employment and was delivered in a week. Have a legal opinion from Attorneys/Barristers .

HipHopAst · Post by **HipHopAst** » Thu Mar 03, 2016 10:44 pm

Thanks for reply.
But how to check that this happen in Scotland on 100 % as there are different rules for getting a criminal record check in Scotland and Northern Ireland.

narsii · Post by **narsii** » Thu Mar 03, 2016 10:59 pm

Disclosure Scotland is open to all , you can apply online ( search on Internet for the link ) . If there is any criminal activity recorded against you , DS will show that . ( You can take it further with the authorities if there is any ) .

leavetoremain · Post by **leavetoremain** » Thu Mar 03, 2016 11:06 pm

Giving just 1 week to reply seems too harsh in my opinion?

Guility until proven innocent !

narsii · Post by **narsii** » Thu Mar 03, 2016 11:14 pm

Looks like you had a look at disclosurescotland.com , even I was referring the same . Ususlly they are quick . Gets you the certificate with in a week . But give a try and take advise from attorneys/barristers to buy time from HO .

HipHopAst wrote:Thanks for reply.
But how to check that this happen in Scotland on 100 % as there are different rules for getting a criminal record check in Scotland and Northern Ireland.

Post by **noajthan** » Thu Mar 03, 2016 11:20 pm

HipHopAst wrote:Thanks for your quick reply.
This is letter i receive from them:
Our enquires have revealed that a person matching your personal details has an impending prosecution currently being brought against them for "concerned in the production of a controlled drug". The charges were brought against the person by the Procurator Fiscal. It is reasonable to assume that you are the person who was arrested in connection with this offence.

You have not informed us of this significant change in your personal circumstance. Your responsibility to do this was clearly set out on page 33 of the Guide AN. Failure to keep this department informed of significant changes in your personal circumstances is, in itself, sufficient reason to justify our refusing your application for naturalisation as a British citizen.

You must now proceed to submit written evidence to us from either the Procurator Fiscal or the Police confirming that all charges in this case have been dropped OR that you are not the person who has been arrested in connection with this offence by no later than the 12 March 2016. Failure to submit this evidence with the deadline set will lead to the refusal of your application as the Secretary of State cannot be satisfied that you meet the good character requirement.
This is all letter from them.
I ask local police with no luck as they don't have authority to write this letter.
I did telephone to check this situation to the Police and Scottish Courts and Tribunals Service and they don't have anything on me in there records.
To get anything written from them i need to pay £25 and wait 14 days. As i receive this letter on 02.03.2016 so ther is no time to do this anyway.
Could some one help me with writing letter to them that its clear mistake as i never live in Scotland.
Why I know this is Scotland??
Procurator Fiscal is a public prosecutor in Scotland so it must be something in Scotland. Thats my guess.
I did try contact Home Office but no luck.
What page 33 he say as Guide AN have 22 pages??
Citizen's Advice Bureau no luck as they don't have person specializing wit this.

Don't work on guesswork. The event in question could have occurred anywhere in UK.

The letter is quite clear. You have fallen foul of the wide-ranging good character crosschecks.

To avoid having your application refused you now have to very clearly show that charges in this case have been dropped OR that you are not the person involved.

Is there any sort of law-enforcement related event that has happened to you since you filed the application?
If so are charges still proceeding or now dropped?

If you think its not about you then you need to work on showing the mistake in identification.
Have you changed your name? Or do you have several names?
Did you fill in the AN form accurately (hopefully you have kept a copy to refer to).
Any 'issues' with your supporting documents?

Have you changed address recently ? (so some official papers, eg a summons or ??, may have not reached you).

Suggest contact the PF directly.

Accused persons

It is not the policy of the Crown Office and Procurator Fiscal Service to automatically inform accused persons where a decision is taken not to take court action.

It is, however, open to an accused person who has been reported for alleged offences to contact the Procurator Fiscal's office, either directly or through their lawyer, to enquire as to the decision of the Procurator Fiscal

Ref http://www.crownoffice.gov.uk/about-us/ ... -in-detail

There is no appeal in these cases so you need to move fast and nip this in the bud.

narsii · Post by **narsii** » Thu Mar 03, 2016 11:37 pm

Hi noajthan,
I agree with your opinion , but , the letter does not say anything about the case , dates , location . No specific info is available / mentioned . Then how the OP can prove his innocence with out knowing anything about the case .

A procurator fiscal (pl. procurators fiscal), sometimes called PF or fiscal, is a public prosecutor in Scotland (who, despite the title, has little to do with fiscal issues). They investigate all sudden and suspicious deaths in Scotland (similar to a coroner in other legal systems), conduct fatal accident inquiries (a form of inquest unique to the Scottish legal system) and handle criminal complaints against the police (administrative complaints are handled by the Police Complaints Commissioner for Scotland). They also receive reports from specialist reporting agencies such as Her Majesty's Revenue and Customs.

I may be wrong as I am not a qualified person to deal with these . This is just my opinion .

Post by **noajthan** » Thu Mar 03, 2016 11:51 pm

narsii wrote:Hi noajthan,
I agree with your opinion , but , the letter does not say anything about the case , dates , location . No specific info is available / mentioned . Then how the OP can prove his innocence with out knowing anything about the case .

...

I may be wrong as I am not a qualified person to deal with these . This is just my opinion .

Something's come up on HO radar for some reason.
It may be as simple as same name and same DOB.

That's why I suggest OP contacts the relevant PF office to dig into the allegations.
It may even take a trip to Scotland to get to the bottom of this. So be it.

OP may like to think about the other questions I have posed, and others may ask, (even if not wishing to post her/his replies in a public forum).

HipHopAst · Post by **HipHopAst** » Thu Mar 03, 2016 11:58 pm

Hi.
But how do i need to proof that this charges against me are not correct as i don't have any info about this and not enough time to get DBS check.
I don't have any criminal record no low-enforcement. Never change name Application filled correctly and checked by National check service.
How to show mistake when you don't have any info!!??
Never have any problem with low.
Address still this same.
Any telephone (0131 444 3300??) to PF as i cannot find.
I did call at above and they say that my name is clear.

Post by **noajthan** » Fri Mar 04, 2016 12:04 am

HipHopAst wrote:Hi.
But how do i need to proof that this charges against me are not correct as i don't have any info about this and not enough time to get DBS check.
I don't have any criminal record no low-enforcement. Never change name Application filled correctly and checked by National check service.
How to show mistake when you don't have any info!!??
Never have any problem with low.
Address still this same.
Any telephone (0131 444 3300??) to PF as i cannot find.
I did call at above and they say that my name is clear.

I don't know how many offices the PF has or where the head office is - maybe Edinburgh (?).

You could try here:
http://www.crownoffice.gov.uk/contact-us

Ask directly about any impending prosecution currently being brought for someone (with same name/details) "concerned in the production of a controlled drug".

You might need a legal representative to do this for you & get something in writing from PF office.

HipHopAst · Post by **HipHopAst** » Fri Mar 04, 2016 12:10 am

Hi.
I already send there email on 02.03 but still not respond.
Also ill try to send to ps_copfs@scotland.gsi.gov.uk. But i presume that i will get answer after few days.
Ill call tomorrow to local solicitors maybe they can help.

Post by **noajthan** » Fri Mar 04, 2016 12:45 am

leavetoremain wrote:Giving just 1 week to reply seems too harsh in my opinion?

Guility until proven innocent !

Unfortunately for the applicant its not even about guilt or innocence.

Failure to keep this department informed of significant changes in your personal circumstances is, in itself, sufficient reason to justify our refusing your application for naturalisation as a British citizen

The only defence seems to be to prove there was no significant change, ie nothing happened.

HipHopAst · Post by **HipHopAst** » Fri Mar 04, 2016 1:18 am

Definitely its not enough time to get certificate from Basic Disclosure Scotland.
Before that I send them letter saying that is not me etc. And when I receive this certificate ill send to them??
It will be after as they called deadline but will proof that this is nothing to do with me so they are wrong.
Do they still reject my application with out right to appeal??
My miss and me apply in this same time and she already have ceremonial date and i stuck with this.

Post by **noajthan** » Fri Mar 04, 2016 1:26 am

HipHopAst wrote:Definitely its not enough time to get certificate from Basic Disclosure Scotland.
Before that I send them letter saying that is not me etc. And when I receive this certificate ill send to them??
It will be after as they called deadline but will proof that this is nothing to do with me so they are wrong.
Do they still reject my application with out right to appeal??
My miss and me apply in this same time and she already have ceremonial date and i stuck with this.

Unfortunately the caseworker has already given you a deadline.

The key to this seems to be a letter from the PF office.
A solicitor may carry more weight in getting a quick answer.

If it comes down to it you may have to consider going up to the PF office in person - or hiring a solicitor based in Scotland.

You need to find out:

What is the actual allegation;
- in what name & other details;
- why someone thinks it involves you;
- is a live case proceeding;
When did this event occur;
- then see where you were at the same date/time;
Also has PF officer ever tried to contact you (when/how);

Suggest supply your full identifying details & seek a written statement that there are no active charges filed & pending against you.
If caseworker doesn't get that you are unfortunately facing a potential 10-year ban from citizenship.

Post by **noajthan** » Fri Mar 04, 2016 1:47 am

fyi - this is what you are up against...

The nationality application form is clear that an applicant is required to declare all criminal convictions –including those that are pendng. Where a person does not, the decisionmaker will consider both the criminal conviction itself and whether the failure to declare it/them is an attempt to deceive.

For further information on this, see section 8 – Deception & Dishonesty

See also sections 4.2 & 8.3.

Ref: https://www.gov.uk/government/uploads/s ... _D_v02.pdf
- see xiv) page 6

HipHopAst · Post by **HipHopAst** » Fri Mar 04, 2016 7:31 am

Hi.
I know wat i have to find out bu the question is how to do this.
I send emails to PF, Home office. No respond.
Called Home office with out any help. Can not contact with caseworker.
The only phone number is on letter is: 0300 123 2253
There is no extra phone number to this case as you normally would expect.
From the beginning look like a failure.
Yes that's fine what I'm facing with.
The worst thing is I cant get any info about this.

Post by **noajthan** » Fri Mar 04, 2016 8:35 am

HipHopAst wrote:Hi.
I know wat i have to find out bu the question is how to do this.
I send emails to PF, Home office. No respond.
Called Home office with out any help. Can not contact with caseworker.
The only phone number is on letter is: 0300 123 2253
There is no extra phone number to this case as you normally would expect.
From the beginning look like a failure.
Yes that's fine what I'm facing with.
The worst thing is I cant get any info about this.

Have you tried the direct PF number on the link that I posted above for you?

Have you got a lawyer on the case yet?

When is next train to Scotland?

HipHopAst · Post by **HipHopAst** » Fri Mar 04, 2016 8:41 am

I will call to lawyer now.
I don't even know where to go as i don't have any information from home office.

Post by **noajthan** » Fri Mar 04, 2016 9:20 am

HipHopAst wrote:I will call to lawyer now.
I don't even know where to go as i don't have any information from home office.

From the PF link:

Contact Information

Email:
_EnquiryPoint@copfs.gsi.gov.uk

Postal address:
The Crown Office,
25 Chambers Street,
Edinburgh EH1 1LA

Telephone 01389 739 557

HipHopAst · Post by **HipHopAst** » Fri Mar 04, 2016 11:52 am

Hi thanks for help so fare.
I did call to Procurator Fiscal again and this time they confirm that there is open case for person with this same name but different DOB.
They cant give me any written confirmation about this. Home Office keep silent about this.
I send email any way.

Post by **noajthan** » Fri Mar 04, 2016 12:01 pm

HipHopAst wrote:Hi thanks for help so fare.
I did call to Procurator Fiscal again and this time they confirm that there is open case for person with this same name but different DOB.
They cant give me any written confirmation about this. Home Office keep silent about this.
I send email any way.

Good news - so you have something to work on.

But HO won't help you - your only hope is something in writing from PF.

If there is a case there must surely be some sort of publicly available notice of the case &/or the accusation.
You really need something in writing from the PF office (even if you have to go there yourself or hire a lawyer in Scotland to go & get it).

HipHopAst · Post by **HipHopAst** » Fri Mar 04, 2016 12:03 pm

What if i make Basic Disclosure in Scotland.
Is that enough??
Im after telephone to HO.
I talk about this situation and say that PF can not give me this written evidence as this person is not me.
However if I write back to home Office that if you contact telephone to PF they can confirm.
Do I can trust them??

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Suspect for crime in Scotland by Home Office

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