cjenky Posted July 30, 2015 Share Posted July 30, 2015 Hi, my husband in his youth had numerous cautions for silly kid things (never charged and below the age of 18) also he was arrested at the age of 22 (hes 36 now) and appeared in court for aggravated assault and burglary (he was found not guilty and the case was thrown out of court) Never been in trouble since then The problem is he cant remember when these cautions were or what exactly they were for, now honesty is the best policy and we want to declare everything. Should I apply for subject access report prior to filing in the visa application so we can be sure of covering everything? I just want to make sure we do everything right! Also do you think the aggravated assault & burglary will cause a problem even though he was found not guilty? Quote Link to comment Share on other sites More sharing options...
xxlornaxx Posted July 30, 2015 Share Posted July 30, 2015 We got a check done as we were not sure of dates and exact charges etc...Once we got that we just wrote a statement outlining everything that had happened n that there had been nothing since then and added it with application. I dnt think the not guilty outcome will make a difference as he was not guilty but wouldn't do any harm and would be honest to disclose/explain that too in statement Quote Link to comment Share on other sites More sharing options...
cjenky Posted July 30, 2015 Author Share Posted July 30, 2015 We got a check done as we were not sure of dates and exact charges etc...Once we got that we just wrote a statement outlining everything that had happened n that there had been nothing since then and added it with application. I dnt think the not guilty outcome will make a difference as he was not guilty but wouldn't do any harm and would be honest to disclose/explain that too in statement Thanks for your input, was it the Subject access report you had done? Did it outline everything on record (dates, offence etc) Im hoping the assault & burglary doesn't cause an issue especially as he was not convicted. Heres hoping. Ill apply for the subject access tonight. Quote Link to comment Share on other sites More sharing options...
xxlornaxx Posted July 30, 2015 Share Posted July 30, 2015 We just got a local police check thing...not sure of its technical name! But it listed everything and all details. A not guilty verdict is made for a reason though. .They have trials for a reason. .He was found not guilty so i personally wouldn't be concerned about that. Quote Link to comment Share on other sites More sharing options...
Major Tom Posted July 30, 2015 Share Posted July 30, 2015 I was informed they only look back 10yrs, is that correct? Cheers MT Quote Link to comment Share on other sites More sharing options...
Bungo Posted July 30, 2015 Share Posted July 30, 2015 I was informed they only look back 10yrs, is that correct? Cheers MT No definitely not correct. The police check will cover the whole of life. Quote Link to comment Share on other sites More sharing options...
CaptainC Posted July 31, 2015 Share Posted July 31, 2015 Hi, my husband in his youth had numerous cautions for silly kid things (never charged and below the age of 18) also he was arrested at the age of 22 (hes 36 now) and appeared in court for aggravated assault and burglary (he was found not guilty and the case was thrown out of court) Never been in trouble since then The problem is he cant remember when these cautions were or what exactly they were for, now honesty is the best policy and we want to declare everything. Should I apply for subject access report prior to filing in the visa application so we can be sure of covering everything? I just want to make sure we do everything right! Also do you think the aggravated assault & burglary will cause a problem even though he was found not guilty? As far as I know anything that was recorded and then classed as spent before 2006 (depending on the offence) will be completely expunged from all records. Since 2006, all adult records are kept on PNC, regardless of the offence and whether or not they are 'spent' under the amendments to the Rehabilitation of Offenders Act. That being said, for Australian immigration purposes, you should declare any offence anyway and answer questions truthfully when asked. The only way to surely tell what is on record is to request a subject access, however following an application and receipt of a PCC, ACRO can tell you over the phone what details are held to give you an idea of dates etc. For your last question, they may ask questions regarding the alleged offence only if you choose to declare it. One of the 12 questions that they are bound to ask under the terms of the character test is "have you ever been convicted of an offence in any country (including any conviction which is now removed from official records)?" Which in the case of the Aggravated burglary, the answer would be no. But, you would have to declare any other convictions. Quote Link to comment Share on other sites More sharing options...
rammygirl Posted July 31, 2015 Share Posted July 31, 2015 If your ACRO check comes back with 'no live trace' as opposed to 'no trace' then they will most likely ask for more information. As you said best to be honest and up front. I doubt they will refuse a visa from what you have said. Quote Link to comment Share on other sites More sharing options...
cjenky Posted July 31, 2015 Author Share Posted July 31, 2015 Thanks everybody, ive applied for a subject access report (£10) will wait and see what it says at least this way we will be able to declare everything. He has no actual convictions so hopefully all will be good. Just want to make sure we dot all the I's and cross all the T's Thanks Quote Link to comment Share on other sites More sharing options...
CaptainC Posted July 31, 2015 Share Posted July 31, 2015 Thanks everybody, ive applied for a subject access report (£10) will wait and see what it says at least this way we will be able to declare everything. He has no actual convictions so hopefully all will be good. Just want to make sure we dot all the I's and cross all the T'sThanks Reading your original post again I'd be surprised if it came back as 'No Live Trace' as the minor stuff was all under 18 which would not be recorded now. Quote Link to comment Share on other sites More sharing options...
Nemesis Posted July 31, 2015 Share Posted July 31, 2015 (edited) Reading your original post again I'd be surprised if it came back as 'No Live Trace' as the minor stuff was all under 18 which would not be recorded now. If the juvenile stuff was still on record when the adult offence was recorded then the juvenile stuff would probably be left on the file. And although the adult offence was thrown out, if the juvenile stuff had been retained on file the subject would need to contact The Met police to get them removed. Edited July 31, 2015 by Nemesis Quote Link to comment Share on other sites More sharing options...
CaptainC Posted July 31, 2015 Share Posted July 31, 2015 If the juvenile stuff was still on record when the adult offence was recorded then the juvenile stuff would probably be left on the file. And although the adult offence was thrown out, if the juvenile stuff had been retained on file the subject would need to contact The Met police to get them removed. Good point, but the OP's husband's charge was presumably before 2006 when the stepping down procedure was adopted rather than deletion once spent. After 2006 everything was kept, regardless of being spent. Quote Link to comment Share on other sites More sharing options...
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