Criminal Record

Old Jun 24th 2010, 7:07 pm
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Default Criminal Record

Hello again folks, just a quickie.

We've had our criminal background checks returned to us, the wife passed with flying colours (as expected, she's a canny lass)!

Mine on the other hand refers to a caution I was given four and a half years ago while being drunk on a flight. First offence, nothing before this, nothing since.

Bit daft I know but in my pathetic defence I was sober (ish) when I boarded the plane, several hours later and a very kind trolley dolley I was smashed!

Anyway, police took me to local nick and charged me with being drunk while on an aircraft, no charges and was given a caution, end of story.

How do you think this will dent my chances? The wife is going on the back of my ITA, 140 points with a job offer, contract signed and all ready to go.

If this offence will cause me problems is there really any point in paying the £800 and going through the process just to be dropped from a great height?

Should I leave it till January when the five years will be up, hopefully then it might not show anymore on a background check, I don't know?


Thanks
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Old Jun 24th 2010, 7:36 pm
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Default Re: Criminal Record

Hi Toon_Nut, you need to wade through the character requirements on the INZ Ops Manual here to be sure BUT I think they are only looking at convictions (a caution isn't a conviction AFAIK), and then they only seem to draw ineligibility from convictions drawing a 5yr term in the speed-read I did.

I guess you have completed and subbed an EOI and have now received the ITA?

Waiting until Jan means two things though, the job offer may disappear and who knows how long/quickly the caution will drop off the Police Certificate.

Have you tried calling the INZ helpline and asking them?

Only other thing I can suggest in preparation would be to look up the max sentence for the charge of drunk on a flight so that you could, if necessary, explain that you had only avoided probably a fine in any case (I'm sure there are much worse charges that could be brought such as endangering the aircraft etc etc so yours must have been fairly minor on the scale of things).
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Old Jun 24th 2010, 7:48 pm
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Default Re: Criminal Record

Cheers for the reply Simonsi.

Yeh, we got our ITA last month, had the medical and X-ray things done straight away but I had to wait to send off for my criminal background check as I needed my passport.

I must admit, the thought of waiting till January and loosing the job is a bigger worry than applying now and getting knocked back!

I guess your right, a call to INZ might just put my mind at ease.

Thanks
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Old Jun 24th 2010, 9:39 pm
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Default Re: Criminal Record

Do not wait the 5 years and try to hide it they will find out there is juvenille stuff on mine from 27 years ago

Neil
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Old Jun 24th 2010, 10:12 pm
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Default Re: Criminal Record

Originally Posted by Toon_Nut View Post
Hello again folks, just a quickie.

We've had our criminal background checks returned to us, the wife passed with flying colours (as expected, she's a canny lass)!

Mine on the other hand refers to a caution I was given four and a half years ago while being drunk on a flight. First offence, nothing before this, nothing since.

Bit daft I know but in my pathetic defence I was sober (ish) when I boarded the plane, several hours later and a very kind trolley dolley I was smashed!

Anyway, police took me to local nick and charged me with being drunk while on an aircraft, no charges and was given a caution, end of story.

How do you think this will dent my chances? The wife is going on the back of my ITA, 140 points with a job offer, contract signed and all ready to go.

If this offence will cause me problems is there really any point in paying the £800 and going through the process just to be dropped from a great height?

Should I leave it till January when the five years will be up, hopefully then it might not show anymore on a background check, I don't know?


Thanks
Doubt very much if this would dint your chances. They will only turn people down for serious stuff that has had custodials as part of the punishment. Go for it mate.
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Old Jun 24th 2010, 10:24 pm
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Default Re: Criminal Record

You have to declare if you have been "charged" with anything, and in your case you have.

New Zealand has an arrangement with the British police that all convictions/activity/cautions from all your life are declared, so the five years idea may do you no good I'm afraid.

You WILL need a character waiver, as you will have ticked yes to a box on the form. However, NZIS are most interested in "dishonesty" wrong-doings, and d&d is not quite the same. Go through the process, wait to be asked for evidence to convince them that you deserve a character waiver, perhaps get a lawyer to prepare that bit for you, and you'll be fine. Regards it as another hoop that you have to go through, nothing more.

Jan
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Old Jun 25th 2010, 9:27 am
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Default Re: Criminal Record

So, on my ITA section B - "Principal Applicants Character" question B13 asks "Have you ever been charged with any offence against the law in any country?" I originally ticked "No" on my EOI as I'd completely forgot about this the be honest, should I now change this to a "Yes" and write an explanation along with my ITA?

Thanks
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Old Jun 25th 2010, 11:31 am
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Default Re: Criminal Record

I think you should make some professional checks on this (CAB are free?), but I don´t think "receiving a caution" constitutes "being charged" so I think you are OK on what you have ticked on the EOI. Web research (cringe) seems to support my view...

Nor do I think it will affect your application, either by virtue of the incident itself or by virtue of it coming to light on the PCert - ie you answered the question asked on the EOI accurately.

It may be worth submitting a statement to explain the incident with the PC - BUT this could easliy make a negative impression (some peeps may read more into it than occurred etc etc), so I would simply submit the cert with your application and see if NZIS ask for any further details.
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Old Jun 25th 2010, 12:09 pm
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Default Re: Criminal Record

I have a criminal record

http://www.youtube.com/watch?v=sFacW...eature=related
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Old Jun 25th 2010, 12:15 pm
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Default Re: Criminal Record

Originally Posted by Wilester View Post
I have a criminal record


You're Job, whats the word, a caution isn't a conviction yes?? Understand there is an admission of guilt in the caution but it still isn't a conviction??
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Old Jun 25th 2010, 12:25 pm
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Default Re: Criminal Record

A caution is exactly that a caution it will always and i mean always be on your record. the only thing that happens to it is that after a certain amount of time it wont be taken into account if you are arrested again

Many employers do actually ask for convictions and cautions now.

This only relies on the applicants honesty but what you do have to remember that it is a form of fraud to lie on a job application and could get you arrested in the UK for obtaining a pecuniary advantage.
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Old Jun 25th 2010, 1:09 pm
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Default Re: Criminal Record

OK, so the OP answered the EOI correctly then I think, whether NZIS want any further info after seeing the police certificate he provides will be up to them.

Ta.
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Old Jun 25th 2010, 2:34 pm
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Default Re: Criminal Record

Thanks for all the advice, I've had an email back from INZ today and they say I have to put a cover note in with my application stating the events that led to the caution.



Cheers.
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Old Jun 25th 2010, 2:56 pm
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Default Re: Criminal Record

Cool, glad its not derailed your application, good luck with it!
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