Intention to Prosecute received after booking NCS

Hi,

My wife was granted ILR in May 2016 and she was planning to apply for Citizenship using the AN1 form in the next couple weeks.

We received this morning a letter from Essex Police stating that there is an intention to prosecute because the vehicle was driven at 50 mph in a 40mph dual carriageway zone.

We have 28 days to respond to this letter but the meeting we booked with the Nationality Checking Service is on 10/05 (she is eligible from 06/05).

My question is what do we do now in the AN1 form Part 3 Good character section?

Shall we wait till we see what is the next stage on this notice and whether the police will offer Fixed Penalty Notice or attending the speed awareness course (this might take up to three months to be dealt with).

its OK. Do not mention anything on the application Form as you have not yet been prosecuted.
You respond to the Notice after 20-25 days apologizing for your mistake along with any valid reason if u have.
I hope its your first offence so they will send you for speed awareness course and then u will not be charged.
Even if you are charged, the charge will be after u submit your application to NCS thus it will be outside the period for Character assessment.

Thank you . Thats a relief

Even if you are charged, the charge will be after u submit your application to NCS thus it will be outside the period for Character assessment.

I am not sure this is correct as you are meant to inform HO of any pending investigations while your application is under review. This is a fairly minor offence which 'should' result in an fpn or course and should have no impact on your application. However, you do not know this for certain till you have received the FPN and not disclosing this at this stage may get you into hot water.

Your best bet would be to respond to the police asap and request them to issue you with the penalty a bit urgently. Then you can apply in peace. Hopefully this wouldnt take longer than a few weeks.

Senior members can advise better but I would strongly suggest not following what the respected member has said earlier.

Coldwinter wrote:

Even if you are charged, the charge will be after u submit your application to NCS thus it will be outside the period for Character assessment.

I am not sure this is correct as you are meant to inform HO of any pending investigations while your application is under review. This is a fairly minor offence which 'should' result in an fpn or course and should have no impact on your application. However, you do not know this for certain till you have received the FPN and not disclosing this at this stage may get you into hot water.

Your best bet would be to respond to the police asap and request them to issue you with the penalty a bit urgently. Then you can apply in peace. Hopefully this wouldnt take longer than a few weeks.

Senior members can advise better but I would strongly suggest not following what the respected member has said earlier.

Beat me to it!! You must disclose any pending proceedings and you'll save yourself a lot of stress down the line when it's discovered. UKVI are taking a little bit longer to approve this year compared to the same time last year and the danger is by the time your application reaches a caseworker you may probably have already been prosecuted, (if you will) and it will be flagged during checks.

I beg to differ. You are expected to inform the UKVI about any Legal proceedings against you . In this situation , This is just a notice of Prosecution and you are being asked if you were the driver of the car , thus no proceedings have started yet . Thus you need not inform anything to UKVI ( I will term it as unnecessary pro activeness ) as hypothetically its very well possible that after hearing your "pity " story you may be pardoned and not prosecuted

I did receive a similar NFP which was dropped in lue of a Speed awareness course ( no points) and I did not declare it during my ILR and Citizenship as it was not required.

Any Character test assessment is for the period before the submission ( hopefully not decision) and you can anyways be not hold responsible for not disclosing something which had not happened by the time of you application submission.
I would still say IMHO , do not panic and keep cool and pray that you don't get Points on your license as that's the only thing which can worry you. Definitely it will not be treated as deception

Ok that's confusing again.

Reading the Essex website, it seems that up to 49 mph they offer the course but from 50+ they offer 3 points in the license.

Even if you don't get the chance to attend the court, you can accept the fine & the penalty points on your licence and move on. Don't try & let the matter sent before the court as at that point, you will have some sort of criminal record recorded against you and that will have to be declared, either before the application if not already sent or even after sending the application. Bear in mind that if the driving offence was occurred on or after Mon 24th April, then the penalty has been increased to 150% of your weekly earnings.

Yes it must not go to court. Delay it to maximum but ensure u accept the point/fine/whatever but this should not go to court atleast before u get your citizenship dicision .good luck

Hi Mattt,

I would recommend that you respond to the notice of intention to prosecute asap. At max you may get a FPN.
If this is the only FPN you have got in last 12 months, you should be fine.

Hope this helps.
Thanks
R

If op does not declare it, and he is asked to go to court or possibly receive a penalty point. This may lead to a 10 years ban. Unless of course the OP is disputing that she was the driver of the Vehicle at that time.

An offense was alleged to have been committed, there is an imending prosecution, I am inclined to believe it must be disclosed.

Obie wrote:If op does not declare it, and he is asked to go to court or possibly receive a penalty point. This may lead to a 10 years ban. Unless of course the OP is disputing that she was the driver of the Vehicle at that time.

An offense was alleged to have been committed, there is an imending prosecution, I am inclined to believe it must be disclosed.

I agree with the advice Obie has given.