Bermudashorts

Well it sounded like you were disputing everything she said including her last post so that is a helpful clarification, yes OK.

sooperlids

Sorry you are right, I could have been clearer.

As it happens I had never heard of a "simple caution" until today either.

the sound of the waves

Thanks for all your information. i feel a little better. I have just been on home office website http://www.homeoffice.gov.uk/police/powers/cautioning/ and this is what it says

Simple cautions
A 'simple caution' is used to deal quickly and simply with those who commit less serious crimes. It aims to divert offenders away from court, and to reduce the likelihood that they will offend again.

If you are given a simple caution you will be officially warned about the unacceptability of your behaviour, and the likely consequences of committing further crimes will be explained to you.

The main aim of a simple caution is to prevent offenders reoffending. So if you offend again, you're likely to be charged instead of getting a second caution unless:

the second offence is a minor offence unrelated to the first
two years or more have elapsed since the original offence

Will a simple caution go on my criminal record?

A simple caution is not a criminal conviction, but it will be recorded on the police database. It may be used in court as evidence of bad character, or as part of an anti-social behaviour order (ASBO) application.

However, the question on visa 175 is:

Have you, or any other person included in this
application, ever:
• been convicted of a crime or offence in any
country (including any conviction which is
now removed from official records)?

So now im confused

Bermudashorts

Well it says a simple caution is not a criminal conviction. So the answer to the question would appear to be No.

the sound of the waves

CONFUSED.COM

Pollyana

- A caution is not a conviction.

- A caution may appear on a UK police check.

- If a caution appears on a police record and is not declared, DIAC may ask for an explanation as not all DIAC employees are familiar with the difference between a caution and a conviction.

- whether an applicant should declare a caution or not has been debated on BE many times and there is no clear cut answer, due to the facts above. Its totally up to the applicant.

sooperlids

Well it's all as clear as mud to me. I am led to believe a Caution is the same as a Conviction. I have searched the web & found it may very well stay on your record until you are 100 years old!

And I have a Caution from many years ago so I have more than a passing interest.

Dorothy

My opinion would be "If in doubt declare it". It makes you look like you're being much more honest than if you don't and it shows up later on your police check. If it's something simple and can be easilly explained then you look better for having disclosed rather than trying to hide it.

wookiee06

according to http://www.immi.gov.au/media/fact-sh...9character.htm The character test point 4 "intimidate or stalk another person in Australia or represent a danger to the Australian community" &" segment of that community" It might efect it

smiling_jill

hi,

Can somebody help me as well ..

I have received a Police caution while I was in UK. I was caught carrying a pepper spray at by one of the security check machines. I have been an unfortunate victim of a crime recently and I did carry it for my protection and did it unknowingly. The police acknowledged this fact and the circumstances which made me commit the offence, and warned me for not repeating it, giving a caution.

Now my visa is expired and I is in India right now and I wish to apply for tier 1 visa. Will this caution cause for the refusal of the VISA. I have stayed in UK for five years and have a very clean character record. I used to work for a very good Hospital in london. I can furnish good references from my bosses and university professors to prove that.

Please advise if anyone can be of any help in this. I recieved the caution on 15th october 09. I had applied for my visit visa in december and it got rejected without any reasons stated to me. I had answered the convictions question with 'no'. I am anxious whether I should apply for tier1 or not.

Thanks

wilson01

What is a tier 1 visa? What country was you wanting to visit on a visitors visa and what country do you want to enter with the tier 1?

brisbec

To the OP.
A conviction is based on if you have been to Court and been convicted.
i.e. you were charged with the offence of ".....insert offence here".
A caution is just that. It's the justice systems way of saying "don't do it again". Following an adult or simple caution, any person could then receive a "reprimand" - again NOT a conviction.
However all of these will show up on a CRB and because your husband was cautioned for what was probably deemed a Domestic Violence incident, I would declaring it and showing good character afterwards.

To Jill - I think you are very lucky if you received a caution as pepper spray is deemed an offensive weapon and so you really should declare it because your CRB check will probably say that and if you don't explain it then they might think you were carrying something else.

Hope this helps in someway

Bec

Dorothy

this is a forum for people emigrating from UK to Australia. You need to find a forum for people emigrating to UK.

smiling_jill

thanks Bec .. This was helpful.

regards
Jill

smiling_jill

Thanks for the info dorothy .. and sorry for the wrong post.
I will post it in UK immigration thread.

Regards
Jill