Conrad Posted February 1, 2007 Share Posted February 1, 2007 As title really.... I applied for a working Visa in Canada 3 months ago and it still hasn't been issued. This is mostly because I got randomly selected by the Canadian High Commission for a police background check (Subject Access). When the check came back it listed a caution I had for criminal damage back in 2001 (not as sinister as it sounds). The company that's applying for my Visa (Bunac) have advised I should've had a decision by now and they cant understand the delay. They did point out that my 'criminal record' may be a problem. The thing is I don't think it is classed as a criminal record. Anyone know if it is? I've sold my Sup, quit my job and have already paid for 2 months rent in Canada. I'm starting to get very worried. I can't speak directly to The Commission either as they don't take calls, I've just got to sit around and wait for a decision. Quote Link to comment Share on other sites More sharing options...
flukey-lukey Posted February 1, 2007 Share Posted February 1, 2007 I think you'll be ok mate, I have 2 cautions and its not classed as a criminal record, but I do have to declare them when applying for job etc etc. Best of luck Quote Link to comment Share on other sites More sharing options...
Thorin Posted February 1, 2007 Share Posted February 1, 2007 Cautions should be cleared from your record after 5 years anyway I believe. Quote Link to comment Share on other sites More sharing options...
Chewie Posted February 1, 2007 Share Posted February 1, 2007 About 100 years ago I had my name and address taken by the local bobby on the beat for cycling on the pavement at night WITHOUT lights and probably on the wrong side of the road. Haven't heard a thing since. Quote Link to comment Share on other sites More sharing options...
Scooter Posted February 1, 2007 Share Posted February 1, 2007 just for info i read somewhere that you should never accept a police caution as it does get recorded and if they are offering it its because they haven't got enough to convict or do anything serious...............is that correct Quote Link to comment Share on other sites More sharing options...
Jake Posted February 1, 2007 Share Posted February 1, 2007 Cautions should be cleared from your record after 5 years anyway I believe.No, cautions are not covered by the rehabilitation of offenders act. They are never 'spent' in the same way as criminal convictions are. Quote Link to comment Share on other sites More sharing options...
Kranz Posted February 1, 2007 Share Posted February 1, 2007 just for info i read somewhere that you should never accept a police caution as it does get recorded and if they are offering it its because they haven't got enough to convict or do anything serious...............is that correct Errrr, no. Everybody who gets a caution has to have sufficient against them to be charged, but have to be suitable for a caution (i.e. good previous character & no previous cautions). Even people with convictions can get a caution (if they've been charger & convicted of a different offence and never had a caution). It also depends on the severity of the offence. A minor offence will normally get a caution unless there are aggrevating circumstances which really require a court to decide the level of punishment. Cautions do not need to be disclosed to employers (unless they specifically state that they are required to be disclosed such as jobs working with children etc) and they are not a criminal record but a police record. If an employer applies for an enhanced disclosure from CRB then it will show up, otherwise they can't find out. In essence a caution is a way of giving a person a second chance. You can even get two cautions before being charged with the third offence. And cautions as a youngster are not counted when you reach 18. Anyhow, Conrad I wouldn't worry. You don't have a conviction so you'll be fine. A caution is just a telling off and not a court jugement & as far as I know Canada doesn't restrict entry for cautions. They do for convictions as my brother found out when he was thrown out for not disclosing a drink drive conviction even though he had married a canadian! Quote Link to comment Share on other sites More sharing options...
Kranz Posted February 1, 2007 Share Posted February 1, 2007 No, cautions are not covered by the rehabilitation of offenders act. They are never 'spent' in the same way as criminal convictions are. Hmmm, they can be considered as 'old' though and a further caution issued if there hasn't been any offending for years. But yes, they stay on a person's police record for life, as do convictions. Quote Link to comment Share on other sites More sharing options...
flukey-lukey Posted February 1, 2007 Share Posted February 1, 2007 And cautions as a youngster are not counted when you reach 18. I got a caution when I was 15 and was told that when I reached 18 it would be completely wiped, but its not and was brought up a while ago. Why? I was young and stupid why can't it be forgotten? Quote Link to comment Share on other sites More sharing options...
paul ashton Posted February 1, 2007 Share Posted February 1, 2007 just for info i read somewhere that you should never accept a police caution as it does get recorded and if they are offering it its because they haven't got enough to convict or do anything serious...............is that correct You're right about that,i got arrested about 17 years ago for syphoning petrol although they didn't catch me in the act so they did me for 'Going equipped to steal'cos i had all the gear in my boot.Anyway got lifted about 2am,banged up for the night,loads of questions,no pillow or blanket,crap food.Got to 3pm and a CID bloke came in to see me and said that if i accepted a caution they would let me go.I accepted it but next thing you know i was in a tape recorded interview,told them the truth and ended up in court,got done and now have a criminal record,lying b*stards.Not saying all coppers are bad but you never know which ones to trust.The copper on duty even lied in court about me not having a blanket.When i was asked by the magistrate,'Are you calling this policeman a liar,i replied'Yes i am'They were disgusted and gave me a big fine and the criminal record.Rant over now but will never forget it. Quote Link to comment Share on other sites More sharing options...
Kranz Posted February 1, 2007 Share Posted February 1, 2007 I got a caution when I was 15 and was told that when I reached 18 it would be completely wiped, but its not and was brought up a while ago. Why? I was young and stupid why can't it be forgotten? You can get further cautions as an adult and the one under 18 is now not counted as you having received a caution... but it still is on your record and if you are PNC'd it will show up. Nothing is completely wiped anymore since Soham & Ian Huntley. Quote Link to comment Share on other sites More sharing options...
dini_the_owl Posted February 1, 2007 Share Posted February 1, 2007 you can get them cleared off but it has to be done by a court, otherwise they stay on your record and gather dust, there is no person employed by the government that goes around and manually deletes them as they expire. Quote Link to comment Share on other sites More sharing options...
Kranz Posted February 1, 2007 Share Posted February 1, 2007 but next thing you know i was in a tape recorded interview,told them the truth and ended up in court. So you got caught out & ended up admitting to something you had actually done? Slightly underhand tactics maybe, but you have to admit you did do it! Once people are in custody they play their game & police try to work around the lies, subtefuge and smoke screens put up by the suspect & solicitor! Sometimes a custody Sgt will say to give them a caution, but someone else will over rule it and say charge them. Possibly you got some incorrect info that you'd get a caution then someone else decided a caution was inappropriate? Happens sometimes. Quote Link to comment Share on other sites More sharing options...
jimwire Posted February 1, 2007 Share Posted February 1, 2007 Is it possible to check if you have anything on record with the police? If so how? Quote Link to comment Share on other sites More sharing options...
Conrad Posted February 1, 2007 Author Share Posted February 1, 2007 Anyhow, Conrad I wouldn't worry. You don't have a conviction so you'll be fine. A caution is just a telling off and not a court jugement & as far as I know Canada doesn't restrict entry for cautions. They do for convictions as my brother found out when he was thrown out for not disclosing a drink drive conviction even though he had married a canadian! Oh good to hear mate (not about your bro though! hope he sorted it all out! ) I do actually have two cautions but have moved house a few times so thankfully only the old one showed up! I hope I get my Visa soon, I'm bored shitless at home and just want to get out there. Let's hope the Canadian High Commission pull their finger out! Quote Link to comment Share on other sites More sharing options...
Conrad Posted February 1, 2007 Author Share Posted February 1, 2007 Is it possible to check if you have anything on record with the police? If so how? That'll be the Subject Access thing I had to apply for. It's a background check and costs £10, should list everything held against you on record. You might be able to just ask at your local branch but The Canadian High Commission asked for this as proof etc. Quote Link to comment Share on other sites More sharing options...
jimwire Posted February 1, 2007 Share Posted February 1, 2007 cheers. Quote Link to comment Share on other sites More sharing options...
Kranz Posted February 1, 2007 Share Posted February 1, 2007 Is it possible to check if you have anything on record with the police? If so how? Yep. You can apply to the Criminal Records Bureau for a personal disclosure. Costs about £10? Also, under the freedom of information act your local police force should give you all information they hold on you if you request it. Go into any police station with ID such as driving licence & passport, fill out a form and give them a cheque (£10 again I think) and they'll give you all details in 6 weeks (I think). Quote Link to comment Share on other sites More sharing options...
SupraAyf Posted February 1, 2007 Share Posted February 1, 2007 I thought there were two distinct levels that applied to police cautions - The first being the conventional police caution and the second being an Inspectors (Senior Officer) Caution. If the second one was awarded then it was basically a big kick in the bollocks where it was permanently lodged against your name and actually meant something. Class1 will clarify I'm sure? Quote Link to comment Share on other sites More sharing options...
Class One Posted February 1, 2007 Share Posted February 1, 2007 I thought there were two distinct levels that applied to police cautions - The first being the conventional police caution and the second being an Inspectors (Senior Officer) Caution. If the second one was awarded then it was basically a big kick in the bollocks where it was permanently lodged against your name and actually meant something. Class1 will clarify I'm sure? No that's not correct. My learned friend earlier has given the correct and appropriate advice re adult cautions. Cautions are normally administered by an Inspector, although occasionally they can be issued by an officer of another rank not connected with the investigation and not a Custody Officer. Whoever they are administered by, the outcome is the same. You may be getting confused with warnings/final warnings and reprimands adminstered to juveniles. Quote Link to comment Share on other sites More sharing options...
merckx Posted February 1, 2007 Share Posted February 1, 2007 You may be getting confused with warnings/final warnings and reprimands adminstered to juveniles. I got a written warning for something , 10 years ago now when I was 29. Is that not as bad as a caution , have I got a record? Cheers Quote Link to comment Share on other sites More sharing options...
Kranz Posted February 1, 2007 Share Posted February 1, 2007 I got a written warning for something , 10 years ago now when I was 29. Is that not as bad as a caution , have I got a record? Cheers From how you describe it its doubtful. Though a caution is in the form of a written warning that you sign to accept it, and you would have been told it is a formal caution. You'll have to check with your local police force (or the one that issued it) what they have on you. Quote Link to comment Share on other sites More sharing options...
merckx Posted February 1, 2007 Share Posted February 1, 2007 From how you describe it its doubtful. Though a caution is in the form of a written warning that you sign to accept it, and you would have been told it is a formal caution. You'll have to check with your local police force (or the one that issued it) what they have on you. Cheers , best forgotten! Quote Link to comment Share on other sites More sharing options...
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