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imregretful

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  1. 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.
  2. Noted, OC, thank you for your advise.So before I received summons or even the prosecution letter, I should be able to travel aboard freely and re-entry the uk without issues? correct?
  3. hi becky;i am just hoping to find out; if i did receive a crimial record due to my recent fare evasion, for which I haven't really received a prosecution letter. i have read my contact last night, my current contract doesn't mention anything about periodic crb check once you are employed, nor what would happen if you were convicted throughout your employment. Also as I am undergoing some overseas interviews, believe my potential employers will need to do a world wide credit and crimial checks; so I am hoping to find out what is the impact? and am i right to say, if they finish all the screeming prior to my summons if any, they still see a clean record?
  4. dear marmar, yes, it is! just planning for the worse here.
  5. Hi all, would any one be able to advise or suggest any articles about employability with crimial records? either unspent or spent. please.
  6. Thanks OC, maybe I am jumping the gun, maybe I am not, it is just I am still shaking and in tears as I read articles and replies here. I don't know why I have got myself into such a big trouble just because I am being lazy. Do you think I write to TFL to explain and clarify the notes the inspector has taken done?
  7. Hi HB, yes OC is great, so are you; and to both of you, I know there is nothing I could do really before getting the letter, but I knew it was my mistake, so I am just hope to be ready to face it, and be prepared for the worst. I do plan to leave the country for the long term, but just in case I will have come back for work/personal trips.
  8. Dear Old Cod JA:Thanks you so much for your very advise! So are you suggesting I should wait till I have received the letter before I do anything, even though I think they very likely so prosecute me and issue me a summons, after reading many of the threads here?On Q10; I just hope to find out what would happen to my life if I was convicted, in terms of employement, travelling etc, so was hoping for some documents on it.
  9. Thank you so much, firstclassx, I think I will most likely being prosecuted, when you say TFL are not interested in the financial aspect of prosecutions, do you mean, they would prefer to take you to court and sentence you with crimial records?Would you have some more legal information on offence under catergory of fraud, please.
  10. Re HBThank you for adjusting the format for me but I was still unable to break my paragraphs? I understand I am in trouble and am not trying to justify myself in anyway, what is wrong is wrong, just hope for some help and some ideas on where I stand, and sorry for my bad english. 1. Did you sign a statement under caution or something else? And did you tell part of the truth or adjust the story? Re: I am not sure what I have signed, but it was a little booklet carry by the inspector, and it was partly true and partly story. I thought I would just get fined. 2. I don't think you would normally tell HR, but what does your contract or terms of employment say? Re: I will look it up tonight. 3. I'm not sure why you think you wouldn't be able to travel. I would have said as long as you pay the right fare, it would be OK. Re: sorry for the confusion here, by travel, I meant in and out of UK, to other European or other international destinations. 4. I'll post a link to a similar thread that's just started here. The court date isn't your choice, but you may be able to negotiate before it gets to court. But you could be found guilty in your absence. Re: I don't think I will have negotiation power here, so basically I won't be able to present in court? would you like share me the relevant thread? 5. The cardholder is your partner, I believe. Are they leaving the country with you? And did they know you had the card? Re: no, the cardholder isn't a partner, but a friend who had left the country, I initially thought the expired student oyster card can be used as a normal card, my own mistake really. 6. People have asked about discharges before, but I don't think I've seen a case where one was given. However, quite a lot of people don't come back and tell us what happened to them. You would need to look for threads about Freedom Pass misuse, if that's what you had. Re: mine was a student oyster card, but I guess it would be viewed the same anyway? 7. I don't understand. The time for legal advice is before the case rather than when a judgement has been made, as I understand it. If you are thinking of legal advice before court, we can talk about that, but you may not need it. Are you able to pay a lawyer? Re: Eventhough I am still awaiting for the letter, I think it will most likely end up in court, so yes, I am looking for some legal advise before court, would there be some community legal advisor instead of laywer? 8. As above, your employment details should tell you if you could be sacked for this. I don't think a court can tell your employer to sack you. Re: I am in one of the industry will crimial record would have huge impact even when it is spent, so I would really hope for some information on it. 9. I don't know about visas. I think the other thread had a post where someone thought that a criminal record could be a problem for a US visa. Re: I don't actually need to apply for visa going into US, but just wondering if I would be reject to enter the country with this type of crimial record. 10 . I'm not sure what you're asking here. Re: So, if I am fined and am got a crimial record, I will have to state so if I change jobs, would there be information on job hunting with crimial records? Sorry for my english disability, this one of the most informative and helpful site I have encountered so far, very much appreciated.
  11. Note, I am not sure I can re-format my post so that paragraphs are separated and questions are in bullets, sorry about that.
  12. Hi all;There is no excuses here, I was wrong using other's oyster card, so please kindly don't judge on what has already happened. I got caught yesterday by TFL inspector and am still at early stage of waiting for the prosecution letter, I am just planning for the worst and hope to prepare what need to be done. I have read through many threads here and got some ideas on what will happened, and as the first time potential crimial, I have some additional queries. Pre-court: * 1. I was in panic status and was also under pressure as I was late for work, so not all the information provided to the TFL inspector were properly processed by my brain, but I have already signed it as I had to run, can I still adjust/confess my statements? * 2.Would I need to inform my current HR about the offense, or the prosecution when I received the letter? * 3.And I still allowed to travel business and personally before attending the court and even after? * 4. If I am leaving the country for good prior receiving the summons, what will happen? understanding most of all TFL prosecutions are unlikely settle out of court, can I ask they to move the dates forwards? * 5. What impact would it have the card owner, apart from the card being suspened. * 6. I understand under certain circumstances, the court might consider a waver on crimial record, but give some sort of provisional discharges instead, where could I find some information on it? * 7. would there be any recommendations on legal advisory services? Post-court, if I was convicted and was crimial recorded. * 8. Would I need to inform my current HR? and how likely can they terminate my contract with this type of offense? or would court? * 9. Visa related, what impact might have this type of crimial records on my visa in the uk, will I be deported? will I be refused to re-entry the country? what impact would it have on my future visa applications? as well as tourist visas to other countries such as US/ Canada? * 10. I would hope to find out a bit more employability with this type of crimial recod, there were some article here on when the conviction is spent, what about beforehand? I am not saying fare evasion isn't a serious crime, but just in comparison to others like murder etc, would to be considered the same?I know some of the questions might be answered in other similar cases, but just wish to reconfirm. Thank you all in advance.
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