How to Read This Law

[nachieket]

Hi,

I have a confusion reading below law:

322 wrote:

(1C) where the person is seeking indefinite leave to enter or remain:

(iv) they have, within the 24 months preceding the date of the application, been convicted of or admitted an offence for which they have received a non-custodial sentence or other out of court disposal that is recorded on their criminal record.”

How am I supposed to read this? Should I read it like below?

(they have, within the 24 months preceding the date of the application, been convicted of or admitted an offence for which they have received a non-custodial sentence)

or

(other out of court disposa)

that is recorded on their criminal record.

Or shoult it be read like below?

(they have, within the 24 months preceding the date of the application, been convicted of or admitted an offence for which they have received a non-custodial sentence)

or

(other out of court disposal that is recorded on their criminal record.)

--------------------

The reason I am asking is - in first case, everything is about crimimal record. So applicants with FPNs etc... will not have any problem.

But if the second case is true then since all forms of fine are included in non-custodial sentence and if an applicant has received a single FPN within last 24 months then he/she will have to wait until 24 months are spent preceding the date of application.

Any thoughts plese?

Thanks,
N

[Amber]

I believe a normal FPN would not be an issue, but a Court given one would be a conviction and thus a general grounds for refusal for 24 months. Though, it appears to be very debatable.

[nachieket]

It is very debatable indeed. I actually posted this to cover up my other case of Liability Order. I thought that if Criminal Record part only relates to "other out of court disposal", then I might be in a trouble. I know that Order was issued in 2010 but Case Worker might argue that payment was made only in Oct 2013 and Council's letter was issued in Oct as well.

But if "been convicted of or admitted an offence for which they have received a non-custodial sentence" also relates to Criminal Record, then I don't have to worry about as Liability Order is not recorded on Criminal Record.

I was also searching for definitions on non custodial sentence and it seems it covers "fines". But Liability Order is not even a fine. It is just to pay what remained on Council Tax and Court Costs.

Ok coming back to this law, it is obvious that punctuations are not used delibrately. So applicant's case relies in the hands of Case Worker and his interpretation of law.

It is just so painful. Single unknowingly made mistake can ruin entire career! May be I am not the first one to suffer like this but all that concerns me as of now is I am one of them who suffered like this.

[Amber]

A Liability order is not a CCJ nor criminal conviction. However, a criminal conviction is a mandatory refusal for 24 months, or at least it is supposed to be.