Ray

A caution is not a criminal conviction but it does
result in a criminal record

Folinskyinla

Hi:

This gets into what lawyers call "conflicts of law."

Without going into details, the term "conviction" is liable to different meanings. It pays to remember that each of the 50 states and the District of Columbia have their own criminal codes and procedures. However, immigration law is a federal statute, so a uniform federal standard has to be fashioned.

So, rather looking at what the transaction is called [i.e. "conviction"], the Board of Immigration Appeals and the Federal Courts have fashioned a immigration definition of "conviction" that looks at the elements of the transaction.

So all the J was saying above, is that the UK "caution" has the elements necessary to form a "conviction" for US immigration purposes.

crg

I'm not familiar with a UK caution, can someone explain what it is? Is there an admission of guilt or "no contest" plea by the accused? Is there always a penalty imposed?

Escape Artist

There are two kinds of caution - formal and informal.

The informal one is an oral warning given by a police officer and does not count towards a criminal record.
A formal caution is issued at a police station by an officer of inspector rank or above. It is regarded as a serious matter and may be cited in any subsequent court proceedings.
Often a victim will be contacted to establish the impact of the crime and their view of a caution.

Cautions are administered only in cases where there is sufficient evidence for a prosecution and where the subject has admitted guilt.

Sometimes they don't realise they have admitted guilt as its often a stressful time for people and they don't take it all in, and there is often a misunderstandingften that you are "let off with a caution".

(inspired by bbc article, shan't link it as i fear the post will get eaten as any other post i have tried to add a link to.)

Ray

http://www.homeoffice.gov.uk/police/powers/cautioning/

Escape Artist

oops looks like my information was at least 5 years out of date. sorry.
been keeping my nose clean

meauxna

When a user with less than 4 posts includes a link (their own or in a 'reply to'), the post is sent for moderation before appearing on the board.
A little patience is all it takes, for someone to come along and approve it.

Escape Artist

Being a mod on another board i know how it is and anti spam measures make a hell of a job on top of the already tough job of keeping it all in line, but i made a post a few weeks back and it never appeared, I figure I'd explain why no source if people saw it was almost word for word.

Nice training program for US immigration timescales. But seriously Its a nice run board and I appreciate the work you are all doing. I would have bought a membership but the system doesn't seem to want to take any of my cards, keeps saying it i can't pay in GBP?

Thread already derailed, apologies, maybe this exchange should have gone to PM.

meauxna

Site Feedback Forum
Drop a PM or message to Sue or Paul; as admins they can help you with your membership issues.
Perhaps your other link simply wasn't approvable? Nice one on the immigration training, but it's a very mini lesson!

ok/hijack