Police caution

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Old Jun 24th 2006, 1:21 pm
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Default Police caution

I no this has been asked many many times but the answer has always been no.
Does anybody Know of any one getting refused for a UK Police Caution, no fine nor sentence emposed just police arrest which it is noted on pc's.

Chc asked if it had been spent sent per the uk rehabilitation of offenders act thingie, we sent a letter from a uk law solicitor who states a police caution is not a criminal conviction and is effectively spent when issued. which is noted on caips.

Just getting worried now as we have heard from our consultant they are finalising our application right now.

yours worried bob
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Old Jun 24th 2006, 1:24 pm
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Default Re: Police caution

Originally Posted by bobjones
I no this has been asked many many times but the answer has always been no.
Does anybody Know of any one getting refused for a UK Police Caution, no fine nor sentence emposed just police arrest which it is noted on pc's.

Chc asked if it had been spent sent per the uk rehabilitation of offenders act thingie, we sent a letter from a uk law solicitor who states a police caution is not a criminal conviction and is effectively spent when issued. which is noted on caips.

Just getting worried now as we have heard from our consultant they are finalising our application right now.

yours worried bob

Could chc make us inadmissable under criminal circumstances etc also would they tell us the reason why for refusal etc
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Old Jun 24th 2006, 1:44 pm
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Default Re: Police caution

Originally Posted by bobjones
Could chc make us inadmissable under criminal circumstances etc also would they tell us the reason why for refusal etc
Sorry again have looked at the canadian law and the only thing i can find similar in relation to a police caution would be a summary offense and i would be inadmissable if 2 summary offenses any thoughts welcome.
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Old Jun 24th 2006, 3:31 pm
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Default Re: Police caution

It is not the penalty you received in UK (police caution) what you need to compare to Canadian law - it is the offence you committed and what punishment you could face if you would have committed it in Canada.


Originally Posted by bobjones
Sorry again have looked at the canadian law and the only thing i can find similar in relation to a police caution would be a summary offense and i would be inadmissable if 2 summary offenses any thoughts welcome.
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Old Jun 24th 2006, 3:59 pm
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Default Re: Police caution

Originally Posted by Andrew Miller
It is not the penalty you received in UK (police caution) what you need to compare to Canadian law - it is the offence you committed and what punishment you could face if you would have committed it in Canada.
Andrew it was for shoplifting total value £4 or $8can my wife was very hormonal at the time as she suffers heavily with the womans thing.
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Old Jun 24th 2006, 4:10 pm
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Default Re: Police caution

How long ago caution was issued?


Originally Posted by bobjones
Andrew it was for shoplifting total value £4 or $8can my wife was very hormonal at the time as she suffers heavily with the womans thing.
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Old Jun 24th 2006, 4:35 pm
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Default Re: Police caution

Originally Posted by Andrew Miller
How long ago caution was issued?
Hi Andrew caution was issued 3years ago and a uk law solicitor has stated it is not a criminal conviction nor sentennce and is effectively spent when issued.
your thoughts regards
bob
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Old Jun 24th 2006, 4:54 pm
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Default Re: Police caution

It should be OK, but I can't say it for sure.


Originally Posted by bobjones
Hi Andrew caution was issued 3years ago and a uk law solicitor has stated it is not a criminal conviction nor sentennce and is effectively spent when issued.
your thoughts regards
bob
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Old Jun 24th 2006, 5:55 pm
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Default Re: Police caution

Originally Posted by Andrew Miller
It should be OK, but I can't say it for sure.
Thank you Andrew
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Old Jun 25th 2006, 2:35 pm
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Default Re: Police caution

Originally Posted by Andrew Miller
It is not the penalty you received in UK (police caution) what you need to compare to Canadian law - it is the offence you committed and what punishment you could face if you would have committed it in Canada.
There was a refusal recently based on a police caution.
http://britishexpats.com/forum/showthread.php?t=374524

Although it's not clear whether this was maladministration at CIC (someone not understanding their own rules) as it's not clear what offences fall within the police caution regime while at the same time would cause inadmissability.

There also should be serious concerns about the validity of an "admission of guilt" not obtained through due process in a court of law.
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Old Jun 26th 2006, 8:40 pm
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Default Re: Police caution

Originally Posted by bobjones
Sorry again have looked at the canadian law and the only thing i can find similar in relation to a police caution would be a summary offense and i would be inadmissable if 2 summary offenses any thoughts welcome.
Help, this has got me worried since I've 2 cautions over the years, none of which went anywhere, but ..... Where did you find this? Anyone know if I have anything to worry about while CIC mull over my case.

- First has been previously covered in previous posts, so not really worried about. My dog while on his lead bit a moron who essentially poked his eye. Retarded police cautioned me for this but CPS saw sense and I just got a civil order to muzzle my dog in public places. Not a crimanal offense.

- But, now I'm worried about the "2 strikes" mentioned about. 21 years ago the evil bitch that I lived with at the time cancelled the automotive insurance that I had paid for without telling me when we split up. I then wrote the car off when I hit a patch of ice, and then found out that I was uninsured. Was cautioned, but never prosecuted.

Is it time to panic?
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Old Jun 26th 2006, 9:43 pm
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Default Re: Police caution

No, relax, no insurance isn't a criminal offence in Canada.


Originally Posted by Posidrive
Help, this has got me worried since I've 2 cautions over the years, none of which went anywhere, but ..... Where did you find this? Anyone know if I have anything to worry about while CIC mull over my case.

- First has been previously covered in previous posts, so not really worried about. My dog while on his lead bit a moron who essentially poked his eye. Retarded police cautioned me for this but CPS saw sense and I just got a civil order to muzzle my dog in public places. Not a crimanal offense.

- But, now I'm worried about the "2 strikes" mentioned about. 21 years ago the evil bitch that I lived with at the time cancelled the automotive insurance that I had paid for without telling me when we split up. I then wrote the car off when I hit a patch of ice, and then found out that I was uninsured. Was cautioned, but never prosecuted.

Is it time to panic?
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Old Jun 26th 2006, 10:41 pm
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Default Re: Police caution

Caution is not a conviction, however it may show up on a CRB check. Anyone cautioned is placed on the Police national Computer and this is why it may show up
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Old Jun 27th 2006, 8:39 am
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Default Re: Police caution

sorry to add to this thread but curious - my other half called a traffic warden a taffy twat and subsequently had a police caution for a racist attack - this was 8 years ago and does not show on PNC as now spent - is this a problem do you think!
I spoke to a police officer dealing with the police check requests and he informed me that once 5 years had elasped your caution record was clear if a minor offence and should a police check come back with anything on it that should not be on it then it should be returned with a letter requesting you recorded to be weeded.
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