D4109125 wrote:Heisgood wrote:D4109125 wrote:north123 wrote:Hi Friends,
I had driving conviction which has held on feb10 2010 for LC20(driving a car without valid licence), the policer officer doesn't have access to issue Fixed penality on the spot because of international driving lic will be dealt by court as per i know.I been to court and told me there will be 3 points on lic and £60 pounds.
Now i'm planning to apply AN f on july , According to new Reabill.... Act reduces from 5 to 3 years im i elgible for applying for BC now. pls posts any information on this.
thank u.
The Rehabilitation of Offenders Act does not reduce from 5 years to 3. However, for the Good Character Requirement a non-custodial conviction i.e. court fine will not be an automatic bar after 3 years. Therefore, your conviction should not cause a refusal, though as it is a recklessness offence it could still cause a discretionary refusal, though this is very unlikely.
D4109125 you stated "though as it is a recklessness offence it could still cause a discretionary refusal" - Which HO document states this as I have never seen or heard such a thing ?
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary paragraph 3.3.2(e)
I have read that document before and there is nothing on the document suggesting any of the above fall in the reckless category. See below what is define as the examples of reckless with relation to HO. Again, I am yet to see a single post on the forum where someone was denied BC based on ONE spent LC10 conviction/court fine as indicated above.
When minor convictions may be disregarded
3.3.1 Where the applicant is of good character in all other respects caseworkers should normally
be prepared to overlook a single minor unspent conviction resulting in:
a. a bind-over order
b. an absolute or conditional discharge
c. admonition
d. a relatively small fine or compensation order.
e. a fixed penalty notice and Scottish fiscal fines - these fines are not classed as
convictions and as such do not come within a sentence based threshold (see
paragraphs 3.5.2 and 3.6.4).
3.3.2 Caseworkers should not normally disregard any conviction that falls into the following
categories irrespective of the severity of the sentence imposed:
a. Offences involving dishonesty (for example, theft, fraud)
b. Offences involving violence
c. Offences involving unlawful sexual activity
d. Offences involving drugs
e. Offences which would constitute “recklessness” – for example, drink-driving, excessive speeding, driving without tax/insurance or whilst using a mobile phone. (NB Caseworkers should remember that fixed penalty notices do not constitute offences – see paragraph 3.5.2).
