Does a fine for no tv licence result in a criminal record

[lavamyz]

hi

 

i've found no concrete answer for this question!

 

if you are stupid enough to get caught with no tv licence (and yes, i was, today) then does the resulting fine leave you with a criminal record?

 

i travel to the USA quite a lot and i read on the web that it means i can no longer travel on a visa waiver for example!

 

i'm kicking myself!!!!!

[RichardM]

This whole thing is a black area, not helped by the US Embassy's interpretation of their own rules or rather, they are covering their backsides by taking the most extreme line rather than leave themselves open to questions. (It's also a good revenue stream). It's also not helped by sensationalist media who claim that conviction for things like putting non recyled materials in recycling boxes will prevent you entering the USA without a VISA.

 

On the I-94 question, and the ESTA visa waiver electronic waiver, you have to answer this question.

 

Have you ever been arrested or convicted for an offense or crime involving moral turpitude or a violation related to a controlled substance; or been arrested or convicted for two or more offenses for which the aggregate sentence to confinement was five years or more; or been controlled substance trafficker; or are you seeking entry to engage in criminal or immoral activities?

 

The key words in this case are "moral turpitude" and the definition of what the USA calls crimes of moral turpitude. If you have been caught without a licence trrough an oversight, then that would not be considered to fall in the catagory.

 

Probably the most helpful page of definitions is on Wikipedia

Moral turpitude - Wikipedia, the free encyclopedia

 

I would suggest that the best thing would be to apply for a visa waiver through the ESTA program Embassy of the U.S. London: Consular Affairs: Visa Wizard and apply several weeks beforehand.

 

If you are approved, I wouldn't overly worry, as the US imigration do not have access to the UK criminal records system. You'll still have to complete an I-94 visa waiver form on the plane by the way as the ESTA program is not fully up and running in the States.

 

In the worst case scenario, even if you are declined a Visa Waiver there is always a B2 Visitor visa, which can be issued to allow multiple entry for up to 10 years, but must be issued by the American Consulate.

[andydd]

hi

 

i've found no concrete answer for this question!

 

if you are stupid enough to get caught with no tv licence (and yes, i was, today) then does the resulting fine leave you with a criminal record?

 

i travel to the USA quite a lot and i read on the web that it means i can no longer travel on a visa waiver for example!

 

i'm kicking myself!!!!!

 

How on earth do u manage to get caught ?.

 

Dont talk to them when they call and never ever sign anything.

 

Andy

[Conniff]

In reply to your question, yes it is a criminal offence and you will have a criminal record.

 

If you have now bought a license and can show that you had only been home a few days then I think action would be dropped.

[ukaviator]

Also you should pay any fine as soon as possible. The next thing you will have is a CCJ for non payment, so make sure its paid.

[buzby]

As you're not a single mother, you may find they will not prosecute formally. Many cases are taken on their merits, and whilst it is unfair to those who are caught and taken to court, they are allowed discretion. If you've not come to their notice previosuly or made a false declaration, there's every chance they may threat the issue as closed.

[lavamyz]

i got caught because the wife, who deals with all the bills etc, called me to ask if i could come home and sit with our 3 year old son who had fallen asleep while she nipped out.

 

i came home, she left, two minutes later theres a knock at the door. i genuinely had no clue as to whether we had one or not, i answered his questions, (with hindsight) stupidly signed his piece of paper (in which he completely glossed over the seriousness of and didnt mention the caution until after he'd filled it in) then he left. i wasnt even watching it, our 3 year old was - i was on my computer working.

 

two minutes later the wife comes home, realises her oops and i get online and buy a licence for the year. time on the inspectors form 15:06, time on the email from tvlicence confirming the new licence 15:27

 

do you think i should write to TVL? doesnt the licence get backdated to the beginning of the month and therefore i was effectively covered when he called?

[buzby]

I'd leave it and see what transpires.

 

The fact the licence is backdated is immaterial, as on the day of the inspection you were not covered, but you can now prove you were licenced on all the other days. (Think of the road Tax argument, even if you retax after (say) an argument, the police still refer to the car as being untaxed at the 'time of the incident'.

[RichardM]

Coming back to the original question that the OP asked, ignoring the issue of the TV licence and the rights and wrongs for now, I would say that you have not got anything to worry about as far as using the Visa Waiver scheme is concerned, even if you were prosecuted.

 

Willful evasion of tax is a qualifier for exclusion form the waiver program, tax evasion without intent to defraud is not. From what you have described, there was not a deliberate attempt to defraud and so you can accurately and truthfully answer NO on the I-94 form to the pertantent question.

 

Incidently, most PPC's, bailiffs and debt collection agency staff would be excluded from the visa waiver program if there was ever a crackdown on their behaviour. Making false representations, attempting to defraud or intent to defraud are all offences that will exclude you from obtaining a visa waiver.

Edited November 3, 2009 by RichardM

[buzby]

Incidently, most PPC's, bailiffs and debt collection agency staff would be excluded from the visa waiver program if there was ever a crackdown on their behaviour. Making false representations, attempting to defraud or intent to defraud are all offences that will exclude you from obtaining a visa waiver.

 

These would be corporate issues - and not affect an individual. There would have to have been a successful criminal conviction of a named individual to be of relevance to a visa declaration. As most of the enterprises you mentioned are legal entities in their own right, the activities they condone would not be an issue as it won;t be the Parking Company requesting a visa.

[chesham]

As it is a criminal offence, if it goes to the magistrates court and you are subsequently found guilty (for whatever reason or any mitigating circumstances are not accepted), then you will, strictly speaking, have a criminal record. The offence is an summary offence, and one which is absolute with a fine, on average, reaching £200 + court costs. But can vary from court to court, but most people pay around this amount.

 

I'm not sure how it affects your travel to the USA, however the moral of the story would be....don't break the law?

 

It's the same process as those who commit benefit fraud, and follows the same jurisdiction process.