Citizenship and fixed penalty

[Kitty]

The Citizenship guidance is fairly clear for fixed penalties issued for traffic offences.

But what about offences under the Theft Act? Fixed penalties can be issued without a court appearance or conviction for things like shoplifting/switching price labels.

Apart from unspent convictions, the Citizenship guidance says that an applicant "must say whether you have been involved in anything which might indicate that you are not of good character. You must give information about any of these activities no matter how long ago this was." [my bolding]

This is confusing. The Nationality Instructions include "a fixed penalty" as something that can be overlooked provided it is "minor", adding that fixed penalties are "not classed as conviction".

So, help. Should a fixed penalty (without conviction) for shoplifting be disclosed as something that "might indicate" an applicant is not of good character?

[newperson]

Shoplifting is a pretty clear case of dishonesty, which as far as the Home Office is concerned is very bad indeed.

Reread the nationality guidance again. Every time you see the phrase "crime of dishonesty" or "dishonesty", replace it with "shoplifting", and you'll understand what the effects of this act are with regards to naturalisation.

[Kitty]

Oh, I agree.

But a fixed penalty can be issued and paid without a conviction. The penalty notice itself says that paying the fine "is not an admission of guilt".

So basically, although the guidance specifically says that "fixed penalties" do not have to be disclosed, applicants would be advised to disclose any which are issued where an officer has "reason to believe" an offence involving dishonesty has been committed.

If you were actually convicted of shoplifting and fined in a court, you would have to disclose the offence as long as the conviction was unspent (i.e. 5 years). But after the offence is spent, my understanding is that because it effectively does not exist udner the Rehabilitation fo Offenders Act, you don't even need to include it in the "anything else" category.

But a fixed penalty is potentially discloseable forever, "just in case". Which doesn't really make sense.

[f2k]

Kitty i agree with you there. i think it would be more of an issue if the person is a serial offender. It being a caution on its own should not necessarily be a problem in my opinion

[Kitty]

Here's hoping, f2k!

At least it's a matter of judgement and discretion, and not yet a query about another tick-box list. :sigh: