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Thomas Judge
Thomas Judge, Solicitor Advocate
Category: UK Law
Satisfied Customers: 8758
Experience:  Award winning lawyer with over 15 years experience
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hi, i was once asked to appear in court for a traffic rule

Resolved Question:

hi, i was once asked to appear in court for a traffic rule violation. the charge on me was driving with no valid insurance (i had provisional licence and insurance but no full licence holder sitting next to me). i was ordered to pay £270 which i paid in full and 3 points were deducted from my licence. it happened just over 5 years ago.
now, is it called as civil judgement or civil penalty? do i need to declare this when i am applying for 'indefinate leave to remain in uk'? as i have already paid the penalty and it happened over 5 years ago is it still called as a crime? i would appreciat your advice.
Submitted: 11 months ago.
Category: UK Law
Expert:  Thomas Judge replied 11 months ago.
Thanks for your question. Please remember to RATE once you get my answer.

Driving without insurance is not a minor offence but usually result in a non-custodial sentence, such as fine. Non-custodial sentence means there was no imprisonment but a punishment such as fine, points on licence etc.

From 13 December 2012: If you had such an offence then you can only apply for an ILR when 2 years have passed since the date of conviction (so much less than 5 years under the old rules). I hope that this helps

Please RATE
Customer: replied 11 months ago.


Thanks for the clarification, it has really helped. I understand that its not a minor offence and it usually results in non-custodial sentence and also the change in the law from 13 Dec 2012. But with regards XXXXX XXXXX second question I would still need your advice. That is:


"Do I need to declare this when I am applying for Indifinate leave to remain in UK (weather as a civil judgement or civil penalty, if it has happened more than 2 years ago)"?


 


I would very much appreciate your advice.

Expert:  Thomas Judge replied 11 months ago.
As it was 5 years ago according to the rules you do not have to declare.

Please RATE
Customer: replied 11 months ago.

Thank you Thomas, thats quite helpful.


One last thing I would like to know before I rate your answer.


It categorised a civil judgement OR civil penalty and would you be able to give me the link where I can find this information or relevant information?


Thanks, XXXXX XXXXX much appreciate.


 

Expert:  Thomas Judge replied 11 months ago.
Hi

It is neither a civil judgment or a civil penalty - it is strictly speaking a criminal matter. You can find further information from the UKBA website


http://www.ukba.homeoffice.gov.uk

Please remember to RATE
Customer: replied 11 months ago.


Hi Thomas,


 


I know the link you have given me, its the whole ukba website, but I would like to know where specifically on that website I can find information about change in the law (From 13 December 2012:)


If you could provide me this link, I would be grateful.


 


Thanks.

Expert:  Thomas Judge replied 11 months ago.
Sorry I did not find the information on their website. I researched the matter for you in law books.

Please remember to RATE for answering the question
Customer: replied 11 months ago.


You mentioned earlier -


 


You can find further information from the UKBA website
http://www.ukba.homeoffice.gov.uk


 


I spent lot of time browsing that website to search that info and now you are saying you found that info in the law books. I appreciate your honesty but I am starting to feel kind of mislead now.


I would really if you can give me the link either from UKBA website or any other website where I can find the info relating to changes in the law from 13 Dec 2012.


 


Thanks.

Expert:  Thomas Judge replied 11 months ago.
Hi

As a lawyer I use a variety of resources to answer a legal question. I do not use websites but law books. I have answered the question which you asked and also provided you with a link to further information from the UKBA website if you have further queries on immigration. I have re-read the original question and this has been answered.
Customer: replied 11 months ago.

Hi Thomas,


 


My query (where on UKBA website I can find this info) is in relation to the original question I asked you and the answer you gave me (change in the law from 13th Dec 2012).


 


I wanted a concrete proof of your advice hence I asked you for the link with info about change in the law from 13th Dec 2012 and you gave me UKBA website http://www.ukba.homeoffice.gov.uk . When I asked you where on ukba website I can find this info, you said you didn't find that info on ukba website but in books.


 


Why did you give me ukba main website link when you didn't use it to find the info or if you didn't know that info is available on that website or not. Is it not kind of misleading? I would not have mind at all if you had told me in the first instance that you have used other sources rather than the ukba website. I know about the ukba website very well, I was not able to find the info I wanted with regards XXXXX XXXXX in the law from 13th Dec 2012 on the ukba website hence I paid you for the advice.


 


To conclue this please tell me where on ukba website I can find info about change in the law from 13th Dec 2012. I am an ordinary man and you are the legal expert, I am hoping you know this very well so I am asking you. You have indeed answered my questions eventually and I appreciate that but as a supporting evidence to your advice I wanted this information. If you do not know or if you have no intention of letting me know or if you think I am asking for too much information then please tell me, I wouldn't mind at all.


 


Thanks.


 

Expert:  Thomas Judge replied 11 months ago.
Hello Shashi,


As mentioned yesterday I used law books rather than websites to answer your questions. I referred to UKBA website if you have further queries on immigration.
Thomas Judge, Solicitor Advocate
Category: UK Law
Satisfied Customers: 8758
Experience: Award winning lawyer with over 15 years experience
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