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Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, Administrator
Thanks Mr Rusty for your comments and advice. I had sent this message to the moderators as private message before posting to the public forum and they have been tremendously helpful in their advice as well. I want to thank them unreservedly. I was worried that the cop will go back to his station and feed their NP Database with trash loads of information about me, yet me having not signed anything.Mr Rusty wrote:Whatever caution you received at the roadside can only be informal, and counts for nothing.
You didn't commit any offence, you won't be on any custody record and you haven't been charged or convicted of any offence.
Forget about it. It will have absolutely no bearing on any application to UKBA, and you have "nothing to declare"
It was a scam to find drugs on your person and check to see if you had any warrants and then a scare tactic with the bs about the register.munisa wrote:Many thanks everyone here for the advice that you have always shared. Two days ago I was driving at around 23hrs when a young man asked me for a lift. I obliged (stupidly of me). When he was to drop off (just a few yards away) he told me to drop him off on the right of the road, but when i was about to stop he said drop me off on the left. So I indicated again and stopped. A police car pulled up behind us and questioned both of us. I had condoms in my car (for safety to be honest). After a few moment the cops said since I had condoms and the guy is 17yo they will arrest me for having an affair with a minor. He handcuffed me as he talked to his seniors. After about 20 minutes he uncuffed me saying his seniors have confirmed 17yo is legal age to do what he wants. He went on to say that he will give me a caution and put me in gender offenders register. I was astonished but my protest was falling on deaf ears. I did not sign any papers and we did not go to the police station. All he took were my details from my driving licence.
My question is that I am due for ILR on 27th this month at PEO Croydon. I have been on 5 years non stop WP. As I did not sign any papers to admit guilt, will this caution affect my application? I am so sorry for the long narration but I cannot get sleep at all.
Many Thanks
Munisa
i understand you need to agree to a caution before it can be given to you. A caution is in reality an admission of guilt and there it has to be issued under strict conditions and so the fact that you did not sign anything suggest to me that it was more of 'warning' / threat from the officer in question. i dont think you were even arrested, you may have been handcuffed but without the trip to the police station, finger prints, dna swab, reading of your rights etc i dont think you have too much to worry about. For something as serious as getting on a register of any sort you should really consider the need to consult a lawyer cause it will implications in your life not just for ILR. As suggested it would be a good idea to do a SAR just to know what else they have on youmunisa wrote:republique,
Thanks, I am planning to ask for a Subject Access Report under FOI to find out what records the police may have about me.....
Thanks f2k,f2k wrote:i understand you need to agree to a caution before it can be given to you. A caution is in reality an admission of guilt and there it has to be issued under strict conditions and so the fact that you did not sign anything suggest to me that it was more of 'warning' / threat from the officer in question.munisa wrote:republique,
Thanks, I am planning to ask for a Subject Access Report under FOI to find out what records the police may have about me.....
Its a big sigh of relief. In hindsight, I think the policeman did not understand the law at all as initially when he handcuffed me he was so confident that 17yo is a minor and read me all the riot act of activities with minors. It was only after he consulted his seniors that he came back to me saying he has been told bla bla bla about age. Then after threatening me with caution he consulted again before returning with register bs. What saved me to be honest was my ability to remain calm while being given these wild and extremely serious threats. If I would have acted otherwise, the cop may have gotten another excuse to fix me eg if I would have sworn at him etc. My advice to everyone is to be calm in such situations because the cop may be trying to intimidate you to act in a way that gives him opportunity to arrest you.f2k wrote:personally i wouldnt because you were neither arrested nor charged of any crime. you were wrongly suspected. infact i would consider the whole episode as an incident that 'never happened'
I finally got my ILR yesterday. I can confirm that Mr Rusty was spot on correct! This forum is the best!Mr Rusty wrote:Whatever caution you received at the roadside can only be informal, and counts for nothing.
You didn't commit any offence, you won't be on any custody record and you haven't been charged or convicted of any offence.
Forget about it. It will have absolutely no bearing on any application to UKBA, and you have "nothing to declare"
No, dont declare penalty points on licence. You only declare what was issued by a court ie a conviction or an order or a fine. Fixed penalties don't count.viren68 wrote:Hello,
I have three penelty points on my UK driving Licence. Do I have to declare it on the SET(o) form column Section 7 Personal History
Please advise it is Urgent
thanks
V