Police certificate for citizenship
 

Hi all,

Does anybody know if a person had an interview with police under caution with an outcome of no further action (there have never been any charges or arrests) in UK, will this show in ACRO Police Certificate?

Any insight is greatly appreciated.

Re: Police certificate for citizenship
 

Are you in Canada applying for citizenship?
Were you "interviewed" by Canadian Police?
Provincial, City, or RCMP?

This will show on the same force search - But there would be no relevance to a citizenship application provided the case has been resolved in your respect and is not still an active investigation. Might be worth ensuring that the file is marked in your favor as being under caution could remain as "facing criminal charges" - But I think you would have to have been charged to be "facing criminal charges"

Re: Police certificate for citizenship
 

As per the amendments to the post, I meant UK police and ACRO certificate.

Re: Police certificate for citizenship
 

Hi

1. If you have spent 183 days in the UK (or any other country) in the 4 years prior to the date of application you require a police certificate. If you need one from the UK it may show "no live trace" which means the caution was recorded.

Re: Police certificate for citizenship
 

Re: Police certificate for citizenship
 

If you're in Canada already, then presumably you've checked that you're not inadmissible? So this was long enough ago that it won't matter even if it does show up?

Looks like you've only just moved to Canada, so is it citizenship you're asking about or do you mean for a visa app?

Re: Police certificate for citizenship
 

Cautions - whilst spent at the time of issuance under UK legislation - usually show on ACPO Certificates as 'No Live Trace' as the arrest and caution will be notated in the Records Database and permanently show on requests for Immigration purposes. https://www.nacro.org.uk/resettlemen...record/#police

Regardless, the question on most Immigration applications is “Have you ever committed, been arrested for, been charged with or convicted of any criminal offence in any country/territory?” so if you have received a Police Caution the answer to this question must be YES. Failure to disclose is what would cause issues, rather than the caution itself!
:)

Re: Police certificate for citizenship
 

The thing is that that person has never been arrested or cautioned or charged. S/he was invited for a voluntary interview, which resulted in 'no further action'. Should this be disclosed and how likely is it to show as 'No Live Trace'?

Re: Police certificate for citizenship
 

"Under Caution" is completely different from "Receiving a Caution".
Was this to do with an overstay or other immigration matter, or with regards to possible criminal activity or a witness to the same? Being interviewed under caution normally comes after being arrested or being a suspect involved in a crime
https://uk.practicallaw.thomsonreute...mp=pluk&bhcp=1
https://cartwrightking.co.uk/areas-o...under-caution/
If she wasn't arrested - nor cautioned or bailed after the interview - then it's unlikely to show up on the ACRO - but if she WAS arrested (even if she was interviewed under caution but didn't receive any caution after the interview) then it would show.
Sounds like she's good to go.. provided she definitely wasn't arrested.

Could you confirm also is this to do with an application for Canada - for a visa, for Permanent Residence or for Citizenship? We're a little confused :D

:)

Re: Police certificate for citizenship
 

There has definitely been no arrest. The interview was voluntarily under caution with regards to being a suspect to possible criminal activity. The person wasn't, indeed, arrested - nor cautioned or bailed after the interview. There were no further actions in respect to the matter on which s/he was interviewed. The shady area here is in fact the lack of arrest itself. It is not clear whether this needs to be declared or not. And I wonder whether there could be any issues, delays or further requests for disclosure if this matter triggers the 'No Live Trace' entry in the ACRO police certificate.

And the question is regarding the application for citizenship in Canada.

Re: Police certificate for citizenship
 

What did the police certificate ACRO show when they applied for Permanent Residence - or is this a more recent event? The question is also asked 'have you ever committed a crime' :)

Re: Police certificate for citizenship
 

It wasn't relevant at the time of application for PR.

Re: Police certificate for citizenship
 

So it's more recent then.

Have they resided in Canada long enough to qualify to apply for Citizenship? I'm confused as you have only recently moved from London to Toronto, unless you are asking for a friend unrelated to your own situation, perhaps? If so, it's better for them to join and ask the questions directly as they are the only one to have all the details.. it also saves confusion.
:)

Re: Police certificate for citizenship
 

From Section 16 of the Instruction Guide Application for Citizenship Adults over 18 yrs

1. In the 4 years immediately before the date of your citizenship application or since you submitted your application, have you:
   • Been convicted of an indictable offence under any Act of Parliament or an offence under the Citizenship Act?
   • Been convicted of an offence outside Canada, regardless of whether you were pardoned or otherwise granted amnesty for the offence?
2. While a permanent resident, have you:
   • Been convicted in Canada of terrorism, high treason, treason, or spying offences?
   • Been convicted outside Canada of terrorism?
   • Served as a member of an armed force of a country or an organized armed group and that country or group engaged in armed conflict with Canada?

https://www.canada.ca/en/immigration...ars-older.html

Emphasis is on the word conviction in this particular section although I am unable to open the actual application form. If the questions is have you ever been arrested, charged or convicted/committed a crime then the answer would be NO.

From the UK Police & Criminal Evidence Act 1984

Voluntary attendance at police station etc.

Where for the purpose of assisting with an investigation a person attends voluntarily at a police station or at any other place where a constable is present or accompanies a constable to a police station or any such other place without having been arrested—

(a)he shall be entitled to leave at will unless he is placed under arrest;

b)he shall be informed at once that he is under arrest if a decision is taken by a constable to prevent him from leaving at will.

https://www.legislation.gov.uk/ukpga/1984/60/section/29

If the Police Certificate comes back no live trace then IRCC will ask for more details if required. As long as there was no conviction then I wouldn't be too concerned about it though processing might be delayed if more info is required.

Look at the question being asked on the application form and answer it honestly. Do not read into it or think do they mean this or that.