Cautions in the uk on police check for Canada?
 

Hi all, new to the forum, I am hoping to get some good advice here and make a few friends :)

I recently moved to Canada and married my husband after being together long distance for almost 5 years, busy doing the whole immigration paperwork and I came across a question asking if I had ever been arrested.

I think I was arrested? I guess I must have been cos I got a caution a long long time ago for slapping a girl who slit all my car tyres, but I was under the impression that was wiped off my record after 6 months. I wasn't handcuffed but they took DNA. Its been years, well over 10, would something so trivial from such a long time ago kill my application?

Any advice would be appreciated

Re: Cautions in the uk on police check for Canada?
 

I wouldn't lose any sleep over it.
You now have to decide you were arrested or not and look at the other questions linked to that i.e charged or convicted or committed any offences.

Re: Cautions in the uk on police check for Canada?
 

I really am not sure if I was charged or not, it was such a long time ago, I know the officer in charge of it tried to take it to mediation, as he didn't think I deserved a caution, but the other party refused. I guess I must have been if I got a caution. Definetly no other convictions, just the 6 month caution which I had assumed had been wiped off my record, but I have decided just to be honest with them.

I rang the police in the UK about my police check application and they said the wording is slightly different if there are spent cautions etc, so I am assuming immigration will know the difference. I dont want to have my application cancelled cos I told a fib and said no I had never been arrested, but I don't think a caution is a conviction, so I rang immigration this morning, and they advised just to put a letter in explaining the circumstances.

I think that's the only thing I can do and hope for the best but id like to hear if anyone got their application approved with a caution off the police?

Thanks for the reply btw :)

Re: Cautions in the uk on police check for Canada?
 

I just found this on the .gov website

Police cautions, warnings and penalty notices
The police or Crown Prosecution Service can give you a caution (warning) or a penalty notice if you commit a minor crime.
Cautions
Cautions are given to anyone aged 10 or over for minor crimes - eg writing graffiti on a bus shelter.
You have to admit an offence and agree to be cautioned. You can be arrested and charged if you don’t agree.
A caution is not a criminal conviction, but it could be used as evidence of bad character if you go to court for another crime.
Cautions can show on standard and enhanced Disclosure and Barring Service (DBS) checks.

so I guess I was never arrested and it is not a criminal conviction?

Re: Cautions in the uk on police check for Canada?
 

Put in a subject access request from the police force that issued you the caution. You'll then know the full details.

You should know you can be arrested then cautioned, so that negates your belief regarding being cautioned equals no arrest.

Re: Cautions in the uk on police check for Canada?
 

You've applied for an ACRO certificate, right? If so, that's different to a SAR.

You must specifically contact the police force who issued the caution and request a SAR. Costs £10.

Re: Cautions in the uk on police check for Canada?
 

If the ACRO certificate says "No Live Trace" this means something is registered against you and you will need the SAR to find out exactly what.(If it says "No Trace" then you're good to go.) Yes, a lot of UK "offences" are deemed spent after a length of time but for USA and likely Canadian Immigration they are never deemed spent. It's also not what "punishment" you got , it's what the maximum for the offence could be that matters to immigration.
IIRC , accepting a caution from the UK police is an admission of guilt. See what your ACRO says then post on here again if you're not sure what to do.
Former Lancastrian may be along with advice - he is with the CBP I believe.

Re: Cautions in the uk on police check for Canada?
 

Simply not true. The question asks if the applicant has ever been arrested. It matters not a jot what the ACRO certificate says.

The OP should complete a SAR application to allow him to answer the question asked by Canada both truthfully and accurately. This is the only way forward to allow them to answer correct the question being asked.

The OP will remember that if he's applying to enter the US I guess. Maybe you mean the CBSA?

Re: Cautions in the uk on police check for Canada?
 

yes I applied for the ACRO, I have just applied for the SAR today but as I am abroad it had to go through ACRO anyway and not the local force, it has a 40 day wait time so it will arrive too late, I need to get my application in asap, but at least I will have it for later. I decided to leave the 'arrest' question blank, as I really don't think I was arrested, but did have the caution in, and I will put an explanation letter in as well

Re: Cautions in the uk on police check for Canada?
 

Thanks for that, it confirms what ACRO helpline told me yesterday about the wording, they didn't mention about it its what the maxmum offence is tho. if I was arrested, I guess that would be assault :(

Re: Cautions in the uk on police check for Canada?
 

Its an application to Canada. But that's the bit I'm unsure of cos I simply cant remember and don't know how to answer the question, I was never put in a cell but they did do the dna thing, so I don't know whether to tick the 'where you arrested' question or not. I have ordered the SAR, to know for sure, but as I need to send my application asap I am going to leave it blank and put a covering letter in as well. I don't want to look like I lied if it comes back that it shows on the ACRO.

I should clarify, I do not need to send the ACRO with my application, my time limit is almost up to apply without asking for an extension, it took longer than expected to get all the documentation together, so I really need to be as honest on the form as I can, without getting myself into trouble at a later date if the ACRO comes back with the No Live bit on.

Re: Cautions in the uk on police check for Canada?
 

Usually with cautions you are not put in a cell, but accepting the caution IS an admission of guilt, this will have been recorded against your name, so the ACRO cert. is almost certain to show 'no live trace'.

Re: Cautions in the uk on police check for Canada?
 

I suspect you were arrested; probably just before you were issued the caution.

Re: Cautions in the uk on police check for Canada?
 

so I should still be able to answer 'no' to the have you ever been arrested question? but put in a cover letter to explain the ACRO report?

Re: Cautions in the uk on police check for Canada?
 

No. You need the information contained in the SAR to accurately answer this.