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Stuart J
Stuart J, Solicitor
Category: UK Law
Satisfied Customers: 22624
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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I am applying british naturalisation in 2 months, my qst. is

Customer Question

I am applying british naturalisation in 2 months, my qst. is if i have shplifting fixed penalty is impacting on my application?
JA: Thanks. Can you give me any more details about your issue?
Customer: shoplifting is april 2013 and police gave me fixed penalty charge which I paid in die course time
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Submitted: 1 year ago.
Category: UK Law
Expert:  Stuart J replied 1 year ago.

Good morning. Thank you for the question. Do you mean it is impacting or will it impact? Have you declared it? Were you taken to the police station? Was it dealt with in the store?

Can we have the full background to this please?

Customer: replied 1 year ago.
I am wiling to apply naturalisation. Not yet declared. Not to police station. Superstore called police officials and then they visit store and then along with us visit to our home as well. It is dealt in store. After that police officer gave me fixed penalty charge £80 for me & my wife and that I paid in time.
Do i need to declare it in application? What is impact on application?
Expert:  Stuart J replied 1 year ago.

If this was all dealt with at the store and not at the police station, then you will not have a Caution and therefore, you will not have a criminal record.

A fixed penalty for shoplifting is called a Penalty notice for disorder. Provided you are 18 or over at the time of the offence, and you pay the penalty, you will not get a criminal conviction as you will read here.

It will show on the Police National Computer but only the police will be able to access it.

However it is not covered by the Rehabilitation of Offenders Act, so if you are asked whether you have any fixed penalties, you have to disclose it.

It is not disclosed on a standard CRB/DBS check but maybe as part of an enhanced check. If ever you are applying for a job where you are required to work with children or vulnerable adults or in the NHS or as a teacher or banking or the legal profession or a variety of other professions, you will always have to disclose this even if not asked.

Here is a little more reading for you

However, having said all this, the requirement is that you have to be of “good character”. The guidelines say that although minor convictions may be disregarded, an offence involving dishonesty (shoplifting) will only be ignored rarely.

It was recently, my advice to you would be to disclose it because disclosing it, the result is going to be the same in any event whereas if you do not disclose it and they find out about it, means that your application could get turned down.

There is a part of the application form which asks whether you have engaged in any activity which might indicate that you may not be considered a person of “good character. It virtually covers everything else which is not a conviction.

As you appreciate, this is an extremely vague question and therefore my advice to you is to be on the safe side and disclose it.

If you do disclose it and it affects the application, then it would have affected it anyway.

Please do not forget to rate my answer service positively so that I get credit from my time today. You will get the impression the thread closes but it does not, it does remain open if you want to follow any points. Thank you. Kind regards