Would someone know more about the clauses 320(18) and 320(18A) with regards to the general grounds of refusal for an application with a criminal history for which he or she received a non-custodial sentence. These two clauses seem to be giving different rules for discretionary refusal.
320(18) - https://www.gov.uk/government/uploads/s ... .0_EXT.pdf ( page 35)
The applicant has been convicted of an offence either overseas or in the UK which:
if committed in the UK:
o would be punishable with imprisonment for at least 12 months, or
if committed outside the UK:
o would be punishable by imprisonment for at least 12 months if the offence had happened in the UK.
320(18A) - https://www.gov.uk/government/uploads/s ... MASTER.pdf
( page 5 )
As an example quoted for refusal under 320(18) clause - https://www.gov.uk/government/uploads/s ... .0_EXT.pdf ( page 52)(18A) within the 12 months prior to the date on which the application is decided, the person has been convicted of or admitted an offence for which they received a non-custodial sentence or other out of court disposal that is recorded on their criminal record;
With this example any serious driving offense which results in a non-custodial sentence would be appropriate for refusal anytime since the date of conviction because if they are dealt with as an indictable offense its max imprisonment would be > 12 months. When would the clause 320(18A) which calls for refusal if the conviction occured within 12 months prior to the date of application kick in ?For example, dangerous driving is punishable by up to six months imprisonment if dealt with as a summary offence. The sentence rises to a possible two years imprisonment on indictment. It may be appropriate for you to refuse under paragraph 320(18) regardless of the length of sentence.
Thank you for perusing through this query of mine
