lydia19880314于2008-05-19写道:
LZ 你好 我帮bf问的:他在英国读书,2年前由于SHOPLIFTING(商场偷窃)被英国警察局处以CAUTION的处分,有指纹记录,有录音,有拿到一张记录纸(RECORD OF CAUTION) 但是没被罚款,没上法庭。
他今年要读大学了 需要学生续签 想在英国面签,另外的资料都是满足条件的,出勤率,银行存款都没问题
所以想问 签证官会怎么对待这个CAUTION? 会被拒签吗?
他的签证材料如下:
1,家长的银行定期存款100万,存期12个月以上
2,学生的在英国的银行,交完学费后有2万镑
3,学习成绩是4个A,并在大学注册并交了学费
4,没有打工
5,有父母的资助信
6,出勤率90%以上
所以他的主要问题就是这个CAUTION,这会对学生签证有影响吗?还有这个CAUTION算不算CRIMINAL RECORD?
期待您的回复 谢谢!!!
你的问题其实就是caution 是不是crimainal record? 基本上可以回答no!
Despite the intention of the legislators who introduced the system of cautioning, that a caution should not create a criminal record, records of cautions have been absorbed into the criminal records system. This means that there is now a 'grey area' where cautions are often regarded as part of a criminal record but they can't officially become spent because they don't create a criminal record!
This is what the National Association for the Care and Rehabilitation of Offenders Act say about cautions, in relation to the Rehabilitation of Offenders Act:
"Cautions, reprimands and final warnings are not criminal convictions and so are not dealt with by the Act. So if people with cautions, reprimands or final warnings only are asked whether they have any 'criminal convictions' they can answer 'no'. Sometimes people are asked if they have a 'criminal record'. This is a less precise term, but it is usually understood to mean convictions. So people who are asked if they have a 'criminal record' may also answer 'no' if they have no convictions.
但是
However, people who are specifically asked if they have cautions, reprimands or final warnings should disclose them until they are deleted from police records. Records of cautions should be deleted after five years if there are no convictions on the record. (In practice, some police forces may retain records of cautions for much longer than this or indefinitely.)"
Source:
http://www.lawontheweb.co.uk/rehabact.htm