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Police Caution-CA-ILR

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sherjan
Member
Posts: 118
Joined: Mon Apr 09, 2012 8:33 pm

Police Caution-CA-ILR

Post by sherjan » Wed Nov 21, 2012 11:03 am

Hi All

Here I am again with a confusing and important question. Though, I have read through in many post on this forum. However, I probaby want to take an opinion again especially from those who already went through with a same case.

I have been issued a police caution "common assult" that "I twist my previous wife's hand (totally false, but that is a seprate issue). I accepted that caution because miss led by my police provided lawyer. He said that accept the caution they will let you go home. I accepted it without knowing the consequences the after effects of the caution.(people like me accept the cautions straight away who never been to police station). As a consequence of that caution, I have been nearly refused my SIA licence however they asked different reference to renew it. Which I have got eventually. SIA also linked with Home office.

Now The Question is.

Simple Cautions come under (Spent)
Theoretically I should not mention my caution in the SET(O) Form.

However, my experience with SIA was different. They also asked on the Form that "Do you have any Caution in the Last 12 months" and my answer was "No" because caution was issued 18months ago. But SIA refused my application initially then after references they renewed my licence.

Could anyone advise/share me that should I mention caution in the form or not. if this caution was about driving or any other thing then probably i never got worried about. I am not worried about Fixed penalty notice or parking tickets. But common Assualt i am not sure.

Any advise?

Kind Regards

Sherjan

madhumesh
Member
Posts: 206
Joined: Sun Nov 27, 2011 12:25 am
India

Post by madhumesh » Wed Nov 21, 2012 1:04 pm

Look at this if not already refered Police Caution

sherjan
Member
Posts: 118
Joined: Mon Apr 09, 2012 8:33 pm

Post by sherjan » Wed Nov 21, 2012 3:36 pm

madhumesh wrote:Look at this if not already refered Police Caution
Thanks Madhumesh for Sharing the Link.

I have already read that feed. I also understand simple caution (become Spent instantly). And I also agree that if no court/civil court involve then caution is nothing but little pat/slap on the hand. I also understand that SET(O) form clearly say in the following paragraph.

"Note 3 Convictions spent under the Rehabilitation of Offenders Act 1974 need not be disclosed. More information about the Act is given towards the end of this section"

But I am still curious to know that whether I should need to mention my caution in the SET(O) Form. It is stupid to ask after UKBA explaination on the form. But I still confuse with it. My personal intension is that I wouldn't metion my caution on the form. I will see what happens afterwards.

innocentdevil
Diamond Member
Posts: 1151
Joined: Thu Aug 27, 2009 9:58 am

Post by innocentdevil » Wed Nov 21, 2012 4:09 pm

whats so confusing about it. Mention it but it is spent so wouldn't cause any issues

wpilr_nov12
Diamond Member
Posts: 2058
Joined: Wed Mar 07, 2012 11:13 pm

Post by wpilr_nov12 » Wed Nov 21, 2012 4:26 pm

If you are convinced that you don't need to mention it, then don't. And vice versa.

You have the relevant rules/guidance in front of you. And you probably have read a lot of user experiences on this forum. Only you know the circumstances and history behind the issue. Ultimately it has to be your decision. Not based on public opinion or consenus on a public forum.
Please do not send me PM if I haven't sent you one yet.
My ILR, MN1 and kids PP stories.

sherjan
Member
Posts: 118
Joined: Mon Apr 09, 2012 8:33 pm

Post by sherjan » Wed Nov 21, 2012 5:32 pm

wpilr_nov12 wrote:If you are convinced that you don't need to mention it, then don't. And vice versa.

You have the relevant rules/guidance in front of you. And you probably have read a lot of user experiences on this forum. Only you know the circumstances and history behind the issue. Ultimately it has to be your decision. Not based on public opinion or consenus on a public forum.
wpilr_nov12

Well I did not read any experiences on this forum but only assumptions. My case in not weird case or exceptional case there are considerable amount of people who have been issued cautions. My purpose to ask this question was to get an advise from a person who might have some experience or went through the same case. As I said in my previous post that I got a simple caution (behind that caution what was the history no body would really interested in that not even Case worker). If someone has been issued a caution that will come up on case worker's screen during the final check and it might give a wrong impression if I do not mention it in the SET(O). Now, I keep my question straight and ask to those who mentioned their cautions on SET(O).
Anyway, what ever I will decide I will share my experience to all of you.
Many Thanks.

londener
Member
Posts: 113
Joined: Fri Jan 11, 2013 11:30 pm

Re: Police Caution-CA-ILR

Post by londener » Wed Jan 30, 2013 6:08 pm

sherjan wrote:Hi All

Here I am again with a confusing and important question. Though, I have read through in many post on this forum. However, I probaby want to take an opinion again especially from those who already went through with a same case.

I have been issued a police caution "common assult" that "I twist my previous wife's hand (totally false, but that is a seprate issue). I accepted that caution because miss led by my police provided lawyer. He said that accept the caution they will let you go home. I accepted it without knowing the consequences the after effects of the caution.(people like me accept the cautions straight away who never been to police station). As a consequence of that caution, I have been nearly refused my SIA licence however they asked different reference to renew it. Which I have got eventually. SIA also linked with Home office.

Now The Question is.

Simple Cautions come under (Spent)
Theoretically I should not mention my caution in the SET(O) Form.

However, my experience with SIA was different. They also asked on the Form that "Do you have any Caution in the Last 12 months" and my answer was "No" because caution was issued 18months ago. But SIA refused my application initially then after references they renewed my licence.

Could anyone advise/share me that should I mention caution in the form or not. if this caution was about driving or any other thing then probably i never got worried about. I am not worried about Fixed penalty notice or parking tickets. But common Assualt i am not sure.

Any advise?

Kind Regards

Sherjan

Hi sherjan,
Could you come up with your experience so that would be helpful for so many people who are experiencing a relationship problem.
May I ask here some question ?
- When did it happen ?
-Do you have children with your previouse wife?
-When did you give the divorce ?

Thanks for sharing ,
Londener
believe in yourself !!!

star1980
Newly Registered
Posts: 21
Joined: Sat Jan 26, 2013 9:33 pm

Re: ilr

Post by star1980 » Fri Feb 01, 2013 7:57 pm

hi dear,
caution , warning ,reprimand on shoplifting i go to police sation give finger print and taken photosix year ago no court involve,
plz clear me i need to mention this cautionif i apply next month in march2013 in application form set 0 or not,
if i applied before 13dec then i need it to mention or not,
thanks in advance

alanwong
Member
Posts: 248
Joined: Thu Dec 27, 2012 1:41 pm

Re: ilr

Post by alanwong » Fri Feb 01, 2013 8:01 pm

star1980 wrote:hi dear,
caution , warning ,reprimand on shoplifting i go to police sation give finger print and taken photosix year ago no court involve,
plz clear me i need to mention this cautionif i apply next month in march2013 in application form set 0 or not,
if i applied before 13dec then i need it to mention or not,
thanks in advance
I do not think you need to mention it if it happened six years ago and this is your only caution. Even if you mention this, I do not think it will do any harm.

star1980
Newly Registered
Posts: 21
Joined: Sat Jan 26, 2013 9:33 pm

Re: ilr

Post by star1980 » Fri Feb 01, 2013 8:10 pm

new application form is different
previous form in the note then u do 'nt need to disclose it, if it is spent,
in ur case u give the finger print and photo in police station,
bt new form nothing to show like i inform or not,
clear one thing this caution is under rehabilitation act 1974 or any other one,
old form says any spent conviction under this act 1974 no need to mention

paru.org
Member
Posts: 203
Joined: Mon Dec 29, 2014 11:15 am
India

Re: Police Caution-CA-ILR

Post by paru.org » Wed Jun 08, 2016 7:49 pm

sherjan wrote:Hi All

Here I am again with a confusing and important question. Though, I have read through in many post on this forum. However, I probaby want to take an opinion again especially from those who already went through with a same case.

I have been issued a police caution "common assult" that "I twist my previous wife's hand (totally false, but that is a seprate issue). I accepted that caution because miss led by my police provided lawyer. He said that accept the caution they will let you go home. I accepted it without knowing the consequences the after effects of the caution.(people like me accept the cautions straight away who never been to police station). As a consequence of that caution, I have been nearly refused my SIA licence however they asked different reference to renew it. Which I have got eventually. SIA also linked with Home office.

Now The Question is.

Simple Cautions come under (Spent)
Theoretically I should not mention my caution in the SET(O) Form.

However, my experience with SIA was different. They also asked on the Form that "Do you have any Caution in the Last 12 months" and my answer was "No" because caution was issued 18months ago. But SIA refused my application initially then after references they renewed my licence.

Could anyone advise/share me that should I mention caution in the form or not. if this caution was about driving or any other thing then probably i never got worried about. I am not worried about Fixed penalty notice or parking tickets. But common Assualt i am not sure.

Any advise?

Kind Regards

Sherjan
hi
i am in same situation mate, pls help me in renewing sia, pls tell what refrences u sent, can u pls send format of those here, i also had caution about 1.5 yrs back, do they cross verify refrences??

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