Police SIMPLE Caution(UK)

Old Jun 8th 2011, 9:05 pm
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Default Police SIMPLE Caution(UK)

Hello everybody i'm new to this site

I need some advise on what to put on my Working holiday visa for Australia

A month ago i got caught by the Police
Possesion of class a drug Ectasy ( 9 tablets to be precise )

This was my first offence and definitly my last !

Just wanted to know wether it is nessesary to put this on my visa application. I never got charged and never went to court. I spoke the the officer and he said it only stays on there Police Database but can the Australian Embassy find out about this minor offence even though it was a SIMPLE ADULT caution?

I am planning to go at the end of August this year with my brother he's aleady got his Visa and just waiting for me.

I don't know who to speak that deals with Visa's e.c.t ? I want to know for peace of mind



Any help or advise someone may have or to contact regarding my Incident i would appreciate this very much

Lawrence
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Old Jun 9th 2011, 10:55 am
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Default Re: Police SIMPLE Caution(UK)

They cannot see the UK database. They would never be able to in any case unless there was some legal incident in Oz caused them to check with the UK police. That would have to be a serious offence (in Oz) not a minor one, I believe.

Certainly for a caution, just pretend it never happened. If you do nothing else, it never did happen anyway as far as records go.
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Old Jun 9th 2011, 11:33 am
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Default Re: Police SIMPLE Caution(UK)

Ye I understand were your coming from but ithis morning I rang the criminal record bureau and I told them about my caution and I asked them about wether it will be nesessary to declare that on the Visa application they said that it's best to be honest and tell them because they said the Australian visa bureau can check up on Police records and they can check for a CRB which shows everything from a police warning to cautions and so on.
Surely they know more than me about this and how the procedure goes and they must know what information the Australian Embassy can find out about your past.

Have you ever been CONVICTED of a Crime or an offence is the question on the visa application. Well my answer to that would be yes and no because I pled guilty to the offence of being in posession of the drug but I only got a caution which is a one of let of for anyone who hasn't been in trouble with the police before.
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Old Jun 9th 2011, 11:39 am
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Default Re: Police SIMPLE Caution(UK)

Originally Posted by Jer0me
They cannot see the UK database. They would never be able to in any case unless there was some legal incident in Oz caused them to check with the UK police. That would have to be a serious offence (in Oz) not a minor one, I believe.

Certainly for a caution, just pretend it never happened. If you do nothing else, it never did happen anyway as far as records go.

HA HA HA do you think governments dont share information about possible threats to each others communities? Because they do, part of the reason some visa take so long is the in depth security checking they do.
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Old Jun 9th 2011, 11:43 am
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Default Re: Police SIMPLE Caution(UK)

Originally Posted by Shellyj
HA HA HA do you think governments dont share information about possible threats to each others communities? Because they do, part of the reason some visa take so long is the in depth security checking they do.
Of course they do, IF they deem it nesc. You would have to be severely paranoid to think they checked up on everyone.

The length of time is merely the bureaucracy and inefficiency. I have worked in Gov't departments, and even for some that don't 'exist', and they are all the same.

Last edited by Jer0me; Jun 9th 2011 at 11:46 am.
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Old Jun 9th 2011, 11:45 am
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Default Re: Police SIMPLE Caution(UK)

Originally Posted by lozzaw123
Ye I understand were your coming from but ithis morning I rang the criminal record bureau and I told them about my caution and I asked them about wether it will be nesessary to declare that on the Visa application they said that it's best to be honest and tell them because they said the Australian visa bureau can check up on Police records and they can check for a CRB which shows everything from a police warning to cautions and so on.
Surely they know more than me about this and how the procedure goes and they must know what information the Australian Embassy can find out about your past.

Have you ever been CONVICTED of a Crime or an offence is the question on the visa application. Well my answer to that would be yes and no because I pled guilty to the offence of being in posession of the drug but I only got a caution which is a one of let of for anyone who hasn't been in trouble with the police before.
Caution IS NOT a conviction.

Forget it, and breathe easy.
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Old Jun 9th 2011, 2:32 pm
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Default Re: Police SIMPLE Caution(UK)

If you declare your caution (and Aus immigration not be bothered about it) and get the approval for your visa surely that is preferable to not declaring it then being refused upon arrival in Australia because they find out about it and wonder why you lied about it when applying.

My understanding is that they can find out about cautions as it would show up on a UK CRB check, so dont lie about it
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Old Jun 9th 2011, 3:12 pm
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Default Re: Police SIMPLE Caution(UK)

As a police officer in the UK myself and OH in immigration perhaps I might be able to help clear up at least part of this debate! An Adult Caution is NOT a conviction (as mentioned earlier) but it will remain on your criminal record for 5years after which time it would become 'spent'. Therefore the caution will show on any background checks both here and thru any British Embassy in Australia. If you are applying for a visa I advise you are open and honest from the word go as if it came to light at any point you had neglected to tell immigration of your caution they have every right to cancel your visa. Chances are if you are open and honest you will hear no more about it. After the 5 year period your Caution becomes spent and it would not show on a standard CRB check and you would not have to declare it in most job applications. There are certain jobs (eg teaching) where you have to declare ALL convictions / cautions even spent ones.
Just be honest! I hope everything goes ok for you.
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Old Jun 9th 2011, 3:25 pm
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Default Re: Police SIMPLE Caution(UK)

Originally Posted by PrestonPC
As a police officer in the UK myself and OH in immigration perhaps I might be able to help clear up at least part of this debate! An Adult Caution is NOT a conviction (as mentioned earlier) but it will remain on your criminal record for 5years after which time it would become 'spent'. Therefore the caution will show on any background checks both here and thru any British Embassy in Australia. If you are applying for a visa I advise you are open and honest from the word go as if it came to light at any point you had neglected to tell immigration of your caution they have every right to cancel your visa. Chances are if you are open and honest you will hear no more about it. After the 5 year period your Caution becomes spent and it would not show on a standard CRB check and you would not have to declare it in most job applications. There are certain jobs (eg teaching) where you have to declare ALL convictions / cautions even spent ones.
Just be honest! I hope everything goes ok for you.
In addition, DIAC cannot check your police records. The applicant provides the police check, DIAC have no right to go direct and cannot access the files.
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Old Jun 9th 2011, 3:36 pm
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Default Re: Police SIMPLE Caution(UK)

Originally Posted by lozzaw123
Ye I understand were your coming from but ithis morning I rang the criminal record bureau and I told them about my caution and I asked them about wether it will be nesessary to declare that on the Visa application they said that it's best to be honest and tell them because they said the Australian visa bureau can check up on Police records and they can check for a CRB which shows everything from a police warning to cautions and so on.
Surely they know more than me about this and how the procedure goes and they must know what information the Australian Embassy can find out about your past.

Have you ever been CONVICTED of a Crime or an offence is the question on the visa application. Well my answer to that would be yes and no because I pled guilty to the offence of being in posession of the drug but I only got a caution which is a one of let of for anyone who hasn't been in trouble with the police before.
The answer is in the question,

Have you ever been convicted of a crime?

A caution is not a criminal conviction so the answer is NO you have not been ever been convicted of a crime.
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Old Jun 9th 2011, 3:50 pm
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Default Re: Police SIMPLE Caution(UK)

To add, convictions are never spent for the purposes of immigration and those that are spent show up you ACPO check as 'No Live Trace' meaning there is an old conviction. DIAC do not use CRB checks for immigration.
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Old Jun 9th 2011, 4:20 pm
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Default Re: Police SIMPLE Caution(UK)

Originally Posted by Shellyj
To add, convictions are never spent for the purposes of immigration and those that are spent show up you ACPO check as 'No Live Trace' meaning there is an old conviction. DIAC do not use CRB checks for immigration.
spent or unspent a caution is NOT a criminal conviction.

So if the question is "do you a criminal conviction" the answer is NO.

You would only be lying if the question were "do you have a caution" and you answerd NO.
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Old Jun 9th 2011, 4:23 pm
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Default Re: Police SIMPLE Caution(UK)

Originally Posted by Shellyj
To add, convictions are never spent for the purposes of immigration and those that are spent show up you ACPO check as 'No Live Trace' meaning there is an old conviction. DIAC do not use CRB checks for immigration.
My understanding is that the same information is provided for a CRB as on an immigration check, so therefore a caution would show up
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Old Jun 9th 2011, 4:24 pm
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Default Re: Police SIMPLE Caution(UK)

Originally Posted by jbarnes
spent or unspent a caution is NOT a criminal conviction.

So if the question is "do you a criminal conviction" the answer is NO.

You would only be lying if the question were "do you have a caution" and you answerd NO.

I did not say it was a conviction I merely added it for those who do have convictions and who might read this thread believing a spent conviction does not need to be declared.
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Old Jun 9th 2011, 4:27 pm
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Default Re: Police SIMPLE Caution(UK)

Originally Posted by Bikergirl
My understanding is that the same information is provided for a CRB as on an immigration check, so therefore a caution would show up
ACPO checks come back as 'NO TRACE' meaning no convictions,
'LIVE TRACE' meaning unspent convictions or
'NO LIVE TRACE' meaning spent convictions.

It does not list the convictions as a CRB does, you are meant to declare them to DIAC as they know there is something to be declared or not depending on what is on the certificate.
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