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Hi, I have received Procurator Fiscal Warning in Scotland in early 2018 and have applied for Naturalisation recently, will that affect? Although it falls off Scottish Criminal History after 2 years and does not show on my criminal record anymore as well, I still have mentioned it in my Naturalisation application and mentioned the date I received it. Also I had mentioned it last year on my ILR application and got my ILR.
But ILR doesn't have Good Character requirements like Naturalisation.
Anyone had same issues?

I am not sure how the Scotland system works. However, I can let you know that no criminal conviction is considered “spent” for naturalisation purpose. The thresholds are mentioned in the guidance which have to be met before you apply.

If it was an out of court disposal without the need to go to court, you will be okay. If the fine/penalty was imposed by the court, then you have a criminal conviction.

Read the good character guidance for penalties imposed.

CULLINAN wrote: ↑

Sun Nov 15, 2020 8:30 pm

I am not sure how the Scotland system works. However, I can let you know that no criminal conviction is considered “spent” for naturalisation purpose. The thresholds are mentioned in the guidance which have to be met before you apply.

If it was an out of court disposal without the need to go to court, you will be okay. If the fine/penalty was imposed by the court, then you have a criminal conviction.

Read the good character guidance for penalties imposed.

Thank you for your reply. I have been through the whole document twice. Unfortunately the good character guidance mentions Procurator Fiscal Fines but does not mention Procurator Fiscal Warning at all. The warning came from Public Prosecutor (Procurator Fiscal in Scotland) and it was a warning. No fine or penalty. Just a warning to accept.

Was it through the court system or out of court disposal?

See:
british-citizenship/fiscal-fine-scotlan ... 07167.html

CULLINAN wrote: ↑

Sun Nov 15, 2020 8:48 pm

Was it through the court system or out of court disposal?

See:
british-citizenship/fiscal-fine-scotlan ... 07167.html

It was out of court disposal but not recorded on criminal record. It just stays on SHC register for 2 years and it's been well more than 2 years. You can say that it is one degree less than Procurator Fiscal Fines (the post you have mentioned in your comment). As I mentioned above that it was a direct letter from Procurator Fiscal which said this at that time, "I have decided not to go to the court and issue you a warning". It was from Crown Office and Procurator Fiscal Service. (COPFS Scotland).

I am sorry I can not provide more help as I am unaware about how Scotland’s system works.