Dexter and his parents

I was arrested for refusing to leave a bus (I'd suggested the driver allow some students on for free, as it was snowing and late, and he didn't like, told me to get off the bus (the students had gone by then) and, when I refused, having paid my fare, he called over the police, who were a few feet away and in a rotten mood- there had been a demonstration earlier in the day) and was subsequently physically and verbally abused by the police over a 12 hour period. My lawyer thought I should fight the case/go for wrongful arrest and assault, but, as I wanted the nightmare over, and didn't want to have to go to court, so I accepted a caution for 'causing distress'. (The worst bit of that was that I had to state that I didn't remember what happened, when in fact I remembered every minute.) I paid no fine, never went to court, and received no punishment, so it didn't fit with the criteria on the cic website for making an appeal/the whole 'rehabilitation' thing.This caution has turned up on my UK Police Report. I've sent it in with letters from my employer, my doctor (who examined the bruises and injuries left by the police) and my partner's coworker (who works for the police) which all attest to my good character (and my boss and doctor also gave details of what happened to me/the distress I'd endured) and I enclosed a copy of the details I sent to the IPCC (as I'm still making a complaint, despite my accepting the caution, about my treatment while in custody.) We had not expected the caution to appear on the report. I have never been in any sort of trouble in my life. What will this do to our chances of immigrating to Canada???

SivoxII

Hi Dexter & co.

Since I see that you have had around 140 views with no replies ... I thought I'd come along and give you my opinion.

I sympathise with you on the whole deal, as your story sounds familiar to many things I have heard over the years. Let's say you did cause "a disturbance of the peace" (or whatever they call it nowadays), I'd still think it's VERY SMALL Potatoes, compared with everything else that goes on in the world today!!!!!

Not too sure on how you are expected to detail such events on Immigration Paperwork (been a while for me - Inland Spousal here in Canada, originally from Scotland) ... but I wouldn't sweat it.

I'd encourage you to do more general research and in the meantime, I'll keep my ear to the ground - should I pick up better advice.

All the best!

SivoxII

.. not had a thorough look through this link, but hope the obvious PDF's are helpful to you?

http://www.cic.gc.ca/english/resourc.../enf/index.asp

In particular, you may want to check out Pages 61/62 on this link within the above:
http://www.cic.gc.ca/english/resourc.../enf02-eng.pdf

All the best.

Almost Canadian

One wonders if, years from now, those that took part in the recent "protests" in London will be making similar posts.

Siouxie

A police caution becomes null and void at the time it is given, however it may still appear on your ACPO.

http://webcache.googleusercontent.co...w.google.co.uk

Cautions (including reprimands and warnings) are covered by the Rehabilitation of Offenders Act 1974 so will become spent immediately (apart from conditional cautions which will become spent after 3 months).

You should quote the relative legislation when submitting your application if possible.

BrennaBoo

Well, my husband had a caution on his police cert and he landed yesterday - we had no problems

not positive if it was a caution or not but his police record said - assault on record(he got into a fight at school and was charged, but the charge was admonished)

Dexter and his parents

Yes- Kinda one of the reasons we want to hurry up and move across the pond. Thanks, everyone, for the information and advice. I feel a bit better about it now, and think/hope all will be fine.

BAAS

Siouxie, are you sure that UK convictions are dealt with/recognized under ROA 1974?

In hope.....

Siouxie

https://www.askthe.police.uk/content/Q562.htm

Cautions (including reprimands and warnings) are covered by the Rehabilitation of Offenders Act 1974 so will become spent immediately (apart from conditional cautions which will become spent after 3 months). This means that if you are asked on an application form if you have a caution you can reply 'no'. For conditional cautions it would be after 3 months since the caution was issued, up until that time you would have to reply 'yes'.

This applies retrospectively so applies to anyone who has ever had a caution (including reprimands and warnings), regardless of when it was given.

If the application form says that the post is exempt from the Rehabilitation of Offenders Act 1974 then the caution must be disclosed, no matter how long ago it was given.

However, this does not mean that it will not be disclosed on a CRB check. Under the current system all cautions, reprimands and final warnings are disclosed on both Standard and Enhanced CRB disclosures no matter how far back they go. If a caution / reprimand / warning is on record then it will be disclosed.

Dexter and his parents

Cheers for that. I think I'll be okay!

BAAS

Siouxie, yes but how then does this have any bearing on an application to Canadian immigration, and will they recognize 'spent' UK convictions as being akin to Canadian pardons?

Siouxie

@BASS

This thread, the OP's question and the reponses given were about cautions, not spent convictions.

Regarding convictions, as far as I am aware, first you have to ascertain if the reason for arrest and prosecution is treated similarly here as the UK (a summary conviction etc) and then it would depend on the length of time that has passed since any sentence has been fulfilled.

For example, if you had a conviction for possession of a low-class drug (marijuana or similar) and you received a fine then once the fine was paid and a period of 5 years had passed the conviction would be deemed spent and it would not affect entry into Canada.

I believe you have asked this question on another thread and received similar answers.

You could take a look at the regulations http://laws.justice.gc.ca/eng/I-2.5/...-ga:l_1-gb:l_4 and then ENF14/OP19 (which isn't on the CIC website but there is an old copy here: ENF14 but please bear in mind that it is from 2005 and may have been superceded by new legislation.

Hopefully you will find the answer you are looking for.

hutchy100

I have a caution and on my report it showed up as no live trace mine was 8 years ago and London have just asked for more info on it

I fell into a window boozed up and got a caution for damage to property, I will let you know the out come

BAAS

Hi Siouxie,
Yes, I realise that there is a slight difference here, but you appear to have a little experience in this area. I have 2 summary convictions, although they were both dealt with as such, they were offences which could have been dealt with by either indictment or summary proceedings (hybrid)...... Does the fact that they were dealt with by way of summary bear any significance?

Many thanks.

Siouxie

I don't have experience per se, my son had a caution and a conviction (summary, small fine) but as they were more than 8 years prior he was automatically deemed rehabilitated. We did ensure it was all documented on the application together with a letter from a solicitor stating that he was deemed rehabilitated under the Rehabilitation of Offenders Act and etc.

If you have a hybrid conviction I believe (but do not know for sure) that it would be the "higher" that was used. I believe you would need to ascertain the exact "equivalent" conviction under Canadian law and then work out the maximum penalty - either 5 years or 10 - and your rehabilitation period would start from then.

If I were you I would seek legal council on it before assuming that you are deemed rehabilitated under Canadian Law.

Sorry I can't be of more help.