Pattern of offending

[MattSule]

Can the HO use section 3.8 of Annex D to refuse in the following scenario:
1) FPN driving conviction June 2005
2) Conviction of 2 counts of common assault with non-custodian sentence September 2010

[Amber]

Yes, they could. It's very subjective and each case would be judged on its own merits as set out in Question 8A of the FAQ (click).

[VR]

Hi Matt,

With due respect to Amber and without any intention of contradicting her views on your query, A friend of mine had successfully applied for Naturalisation with a similar record as you describe . Infact his case was as below

1)Speeding FPN happedned in 2007.
2) Suspended sentence order in 2010.

I believe in order to establish a pattern of offending there should be a same offence happening again and again like drug use repeating, or repeat speeding tickets or repeated involvement in offences of violence and so on.

In this police state you can get docked for anything under the sun. I believe if the sentence is non custodial ie if it was not activated or resulted in custody home office classes it as a sentence in the community and automatically after 3 years the OP should be fine.

What was the actual sentence for assault and what was the disposal? Asking this because there are different sections under it and depending on that we could give you a specific response, Sec 39, ABH, GBH etc varies .
cheers
vr

[Amber]

Unfortunately, it's not just about a pattern of re-offending. One non-custodial sentence could be a bar for much longer than 3 years as per Question 8A in the FAQ. For example, a caution for rape may be a bar for much longer than 3 years.

[MattSule]

Firstly, Amber's view could be regards as the default until the details of the offence is spelt out. In the guideline HO regularly uses "normally will be refused" until.....

Details below:
1) FPN court conviction in 2005 was for SP50, over-speeding on the motorway.
2) The sentence for the 2 counts of common assault/battery in 2010 was a) Community/Supervision order for 24months b) Compensation and c) Court cost.

None of the sentences involves prison or suspended order. The community/supervision order was revoked on the grounds of good progress after 14months.

The offence of the common assault involves no vulnerable adults and NOT (ABH or GBH or facial/religiously motivated assault)

Also note that ACPO SAR obtained last week did not show the FPN in 2005!!!

VR and Amber, what's your take on the details provided?

[VR]

Matt,

The application will succeed. You might want to consider submitting through a good solicitor (an insurance against case workers interpreting things whimsically)

From what you mention the non-custodial sentence though involving violence is most likely to be common assault u/s139 which is the mildest of the the lot.

I suggest the application should be made ASAP rather than procrastinate before more draconian changes come in.
Rgds
vr

[Amber]

All you can do is apply, disclose and see. I would expect success, however there is certainly no certainty.

[MattSule]

Amber, can you please state your concerns and reason for uncertainties?

[VR]

Hi Matt,

Through PM.

Please feel free to get in touch.

cheers
vr

[Amber]

Because it's all based on discretion, no solid rules, there is never any certainty in discretion.