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JGM
JGM, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7632
Experience:  28 years as a practising solicitor.
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i have been caught in shoplifting in debehnams one and half

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i have been caught in shoplifting in debehnams one and half year ago.i been arrested and police took photo,finger print and dna.i was on depressiion medicine,they took me there doctor as well in police station.i had an interview with police then they drop me at home.after few days i got a warning letter from crown office and procurator fiscal service by saying that they you have been reported to me for allegadely commiting the offence.letter says
i have decided however in all the circumstances of the present case not to bring procedings.the warning is not a conviction and shall not be recorded as one.any alleged victim may be entitle to be notified of the disposal of the case against you.information of this warning will however be recorded scotish criminal history systemand will remain in for two years.
after the letter i did not respond as it says if u did not reply within 28 days so it will be assumed that u accept the warning.
i got a civi penalty letter from debehnam's lawyer they ask me to pay £150.i did not response to that aswell as i been advised from a member of citizen advice bureu.
my question is that i am applying citizenship tomorrowand i did not tell all about this incident un the section of character .does my citizenship will be rejected if it will ne in crb check.or i might be able to apply again for citizenship or not?m very very upset.no help.it haooens in scotland aberdeeen.
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  INC replied 1 year ago.

INC :

Please remember to RATE my answer by using the smiley faces OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE. If you seek clarification please ask.

INC :

Hi, are you saying that you received a fixed penalty notice? If you did, this WOULD appear on a CRB check and you should have declared this on your application for. Failure to do so, could result in your application for citizenship being removed.

INC :

I hope this answers your question. If so, kindly click accept.

INC :

If you wish to discuss, please feel free to ask further questions.

INC :

Many thanks,

Customer: Hi
Customer: I got a penalty letter from debehnams ''s lawyer and i did not paid that.i have an appointment today with ncs for my citizenship application so what i have to do.bcoz that penalty i got one and half year ago and its not been paid.
Customer: i did not get anything about police caution letter
INC :

Hi, you need to inform the UKBA of the Fine. From the information you have provided to me, it would seem that the fine, would not yet have become Spent under the Rehabilitation of Offenders Act and as such, your application for Citizenship is likely to be refused.

INC :

You need to pay the fine and then wait until it has become Spent before becoming eligible for Citizenship.

INC :

I hope this answers your question. If so, kindly click ACCEPT.

INC :

If you wish to discuss, please feel free to ask further questions.

INC :

Kind regards,

Customer:

hi

Customer:

how long it will take to become spent after paying it?

INC :

Most fines take up to 5 years.

INC :

I hope this answers your question. If so, kindly click accept.

INC :

If you wish to discuss, please feel free to ask further questions.

INC :

Many thanks,

Customer:

hi i wanted to confirm how i can check that penalty fine is still in my record as unpaid.i had an rxperian credit check a couple of days back and i did not had any unpaid penalty.and i want i want to know about police caution letter which i mention in my question clearely.in citizenship application i did not mention that caution bcoz according to that letter its not a conviction.so is it right if i did not mention?

INC :

Hi, you can go to your local police and enquire with them as they would have issued the fixed penalty notice.

INC :

A fixed penalty notice is not a fine or criminal conviction and the recipient can opt for the matter to be dealt with in court instead of paying. However, if dealt with a court and found guilty, then it does become a conviction

INC :

However, in your case, as you have not paid the fine, the matter may possibly have gone to court and it is difficult to say what action pursued following the non-payment of the fine without seeing the documents.

Customer:

but i got that letter from debehhnams lawyer not from police?that letter says if dont pay then they will take me to the court and its been nearly one and half year ago.i never get any letter after that.never from debehnams or not from police.and i did ask a lawyer and he said u dont need to pay,and i did same.

Expert:  JGM replied 1 year ago.
I have looked at this question for you as a Scots lawyer.

You did not receive a fixed penalty from the Crown authorities. You received a warning letter. This will not show up on a crb search.

The civil penalty you received from Debenhams lawyer is irrelevant and you can forget about it. My English colleague who attempted to answer your question earlier has misunderstood the nature of the civil penalty issued by Debenhams. A civil penalty as they call it is simply an attempt by them to get some compensation from you. If you ignore it they could in theory sue you in th civil courts but this has no bearing at all on your current application.
JGM, Solicitor
Satisfied Customers: 7632
Experience: 28 years as a practising solicitor.
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