Benoli Posted June 10, 2012 Share Posted June 10, 2012 a 'conviction' of GBH has come back on the Police Certficate for my husband. It states he received 'removal of privlidges' for this however he has never committed this offence. This incident happened over 25 years ago when he was in the army. Basically an offence was committed by other soldiers. My husband and a couple of others were staying at some army accomodation where this took place (none of these guys were involved). They were all disciplined afterwards for not preventing an offence from occurring caused by others (even though they did not know about it til after it happened). My husband received 3 days removal of privilidges as a result. Until now, he was not aware this was recorded as GBH, nor did he expect it to show up at all given the people who did commit the offence were actually given custodial sentences and he had just been unlucky enough to be in the building at the time. He wasn't even witness to anything! We did not declare this on our 176 visa application as it is something he genuinely had forgot all about. He probably wouldn't have mentioned it even if he'd remembered as he thought it was an old military disciplinary action and also particularly since he didn't actually do anything wrong! What can we do about this?? (the only thing we can think of how this may have come about, is that, regardless of disciplinary outcomes, all parties reprimanded had the same code relating to GBH recorded against their names as it was all to do with the same incident) :cry: I guess I'm just waffling in a panic now.......... Link to comment Share on other sites More sharing options...
Sids Dad Posted June 10, 2012 Share Posted June 10, 2012 Like you I hope that this can be resolved. Have you contacted anyone yet? I'm staggered that the Army has these sort of records stretching back that far? have you tried contacting them to ask for a letter of explanation? If that fails then I would write to emigration and explain as you have on this post and hopefully common sense will prevail. Which unit was your husband in and where was the incident? could your husband contact any of those involved who may be willing to have an affidavit written absolving your husband of any blame? Good luck with it Link to comment Share on other sites More sharing options...
Guest luch Posted June 10, 2012 Share Posted June 10, 2012 I don't think this will matter. I believe that if you read the information about criminal backgrounds they only care if you have a felony record with a sentence of longer than 1 year. I would advise you to write an email along with your pcc when you send it to your co and state the complete details of the record etc. Good luck. Link to comment Share on other sites More sharing options...
ali Posted June 10, 2012 Share Posted June 10, 2012 Get your husband to submit a letter explaining the circumstances of the offence and that he is of good character. He should also explain why he didn't disclose it on the application form. Whilst immigration are more concerned with custodial sentences, someone who is a serial offender but has not served time in prison, would almost certainly raise a few eyebrows too and would have their application looked at a little more closely. Your husbands circumstances shouldn't cause a problem, but it would probably be wise to send a letter of explanation. Link to comment Share on other sites More sharing options...
Rupert Posted June 10, 2012 Share Posted June 10, 2012 a 'conviction' of GBH has come back on the Police Certficate for my husband. It states he received 'removal of privlidges' for this however he has never committed this offence. This incident happened over 25 years ago when he was in the army. Basically an offence was committed by other soldiers. My husband and a couple of others were staying at some army accomodation where this took place (none of these guys were involved). They were all disciplined afterwards for not preventing an offence from occurring caused by others (even though they did not know about it til after it happened). My husband received 3 days removal of privilidges as a result. Until now, he was not aware this was recorded as GBH, nor did he expect it to show up at all given the people who did commit the offence were actually given custodial sentences and he had just been unlucky enough to be in the building at the time. He wasn't even witness to anything! We did not declare this on our 176 visa application as it is something he genuinely had forgot all about. He probably wouldn't have mentioned it even if he'd remembered as he thought it was an old military disciplinary action and also particularly since he didn't actually do anything wrong! What can we do about this?? (the only thing we can think of how this may have come about, is that, regardless of disciplinary outcomes, all parties reprimanded had the same code relating to GBH recorded against their names as it was all to do with the same incident) :cry: I guess I'm just waffling in a panic now.......... Don't panic. It takes a custodial sentence of greater than 12 months to start to cause problems for immigration. Of course not declaring it on the form and then the rpeort coming back with something on is an issue, but you will just have to explain it as you have done here. I am sure that it will be fine in the end. Link to comment Share on other sites More sharing options...
roger2shirts Posted June 10, 2012 Share Posted June 10, 2012 Just get him to attach a statement of what it was all about - its unlikely to be an issue. Link to comment Share on other sites More sharing options...
Benoli Posted June 10, 2012 Author Share Posted June 10, 2012 thanks everyone for your responses and reassurance, much appreciated. When writing the statutory declaration, is there a particular format it should follow? is it acceptable to just be written and signed by my husband or do we need to involve a solicitor? we only received the report yesterday (Saturday) so won't be able to contact anyone about it til Monday. Link to comment Share on other sites More sharing options...
Guest Posted June 10, 2012 Share Posted June 10, 2012 Does the police check say no trace or no live trace? Link to comment Share on other sites More sharing options...
Benoli Posted June 10, 2012 Author Share Posted June 10, 2012 Hi there Firstly did the case go to court martial, or was it heard summarily? If it was a court martial they may ask for further details of the ruling. Did you obtain service documents from the MOD because it is possible the CO might ask for this. When I asked the MOD for my records from 20 years ago I think it took about 2 weeks and when it came through it was an old style dot matrix spreadsheet about 80 pages long. I am guessing that 'loss of privileges' refers to his pay. If you send them full records, they should show that he didn't receive any custodial sentence on the dates in question but it should show a loss of pay for the three days. Also, as other people have said, get him to do a full statutory declaration of exactly what happened and why it was not declared in the first instance and stress that fact that he has not been in any trouble since then. it will be be fine. Millie x it wasn't a court martial, it was dealt at CO level and the certificate states under the heading Court: CO/OC Summary Link to comment Share on other sites More sharing options...
Benoli Posted June 10, 2012 Author Share Posted June 10, 2012 Does the police check say no trace or no live trace? no, this isn't mentioned Link to comment Share on other sites More sharing options...
Benoli Posted June 10, 2012 Author Share Posted June 10, 2012 I hope so, thanks Millie x Link to comment Share on other sites More sharing options...
Benoli Posted June 10, 2012 Author Share Posted June 10, 2012 does anyone know if I just email our case officer explaining this situation or is there somewhere else it should be sent to?? Link to comment Share on other sites More sharing options...
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