I have read several similar cases on the forum, such as speranza's in April 15; but it is sometimes down to how the question is asked and by who, so any valuable comments are much appreciated.

In short, I was caught by TFL inspector at tube station attempting to travel on London Underground without having a previously paid fare of £4 in Aug 2012, which was a silly mistake really. I plead guilty and apologised sincerely for it in court and was given a conditional discharge for the offence, stating that as long as i do not commit an offence during the next 12 months from the date of the order (Feb 2013,) then I will not be punished.

By definition, a conditional discharge is a sentence that diminishes the finding of guilt in which the offender receives no punishment provided that, in a period set by the court (not more than three years), no further offence is committed. If an offence is committed in that time, then the offender may also be resentenced for the offence for which a conditional discharge was given. Under criminal law, a conditional discharge does not constitute a conviction unless the individual breaches the discharge and is resentenced.

And under 322(1C)(iv) you will be rejected if you had, within the 24 months prior to the date on which the application is decided, been convicted of or admitted an offence for which they have received a non-custodial sentence or other out of court disposal that is recorded on their criminal record

1. I will declare this in my ILR application as;

a. Given it is a spent conditional discharge, so even though I am not convicted this offence, but still admitted.

b. Given the court order was issued in Feb 2013, 322(1C)(iv) will not apply to my application in Jun 2015.

2. I am also asked "Have you ever been convicted of a criminal offence, including spent convictions or cautioned by the police?" on my application as a registered traveller (by UK Border Force.) Am I right to answer "No."

Thanks in advance for all the help in advance.

Any valuable comment on the topic, please?