Plead guilty / Convicted due to absence

[missymae]

Hello,

I need honest advice

My recent UK Disclosure and Barring Service (DBS) report check which showed conviction that was issued on 19th of June 2017 due to travelling on Railway without paying a fare at Greater Manchester Magistrates.

I was travelling to Manchester Piccadilly from Burscough Bridge Station. I boarded on the train with the intention of purchasing a ticket from the conductor, however, there was no train conductor on board. On arrival at Manchester Piccadilly, I saw a queue for most people for which I thought must be where I should fall in line to pay for the train fare and I overheard people said Salford Crescent so I thought to request similar ticket too. Subsequently, a staff member approached and quizzed me on why I had not bought a ticket and I honestly made a mistake of saying Salford Crescent instead of Burscough Bridge and apologised to him. He asked for my personal details and explained that a letter would be sent to me in the next few weeks, after which he escorted me to the barriers and let me out. Later that day, I returned to the station and purchased the ticket covering my return journey back to Burscough bridge.

In relation to my absence to the summon and court hearing, I have already left the country by the time the court sent the letter to my UK address. My spouse visa was to expire on December 24th, 2016 and my flight back to my home country was scheduled on December 8th, 2016. It was only when I requested my former roommate to mail via post all my documents back to the Philippines on November 2017 (estimated date) that I was aware of the court hearing. Otherwise, I could have attended the court trial and pay upfront for the penalty fare.

As for my personal background, I used to live in Harrow, London with my former husband under a spouse visa from December 28, 2012 until July 8, 2016. Our relationship went downhill and decided to live separately whilst trying to sort out our indifferences. Consequently, I moved to the countryside and got a job offer in a nursing home as a pre-supervised nurse assistant. Since my former husband and I were unable to come into terms, thus, my departure to England.

Due to unfamiliarity of the railway transportation system and my misunderstanding to the railway procedures in the Northern part of England, I have committed such misconduct.

My questions are as follows:
> I am willing to pay for the penalty, will it somehow clear my dbs once I reapply for a certification? and will it be possible to get a certification just to say that I'm cleared with my penalty?
>As I am applying in NMC, would it somehow affect my application?

 

[Bungle158]

From what l can gather, you have been convicted of a recordable offence. This is not to be confused with a railway Penalty Fare, which basically allows some related offences to be dealt with without recourse to the court system.

As things stand,, this conviction will show and continue to show on DBS checks for the prescribed period of time.

The court will have imposed a fine as sanction for the offence. This should be paid ASAP, or you run the risk of enforcement action. However, payment will not affect the conviction and the record will continue to show.

The rules covering disclosure and spent convictions are complex. I would advise you to seek out a local law centre which MAY be able to provide free and impartial guidance on these issues.

Employers/ educational establishments have differing standards on one off relatively minor convictions. Evidence of a paid fine and unfamiliarity with the system may work in your favour.

 

[missymae]

Thank you for your response. I am currently in my home country so I don't know which local law centre to approach or should I call the court and ask to reopen my case. Any idea?

 

[Fawkes Cat]

I understand that if you are convicted in your absence, there is a procedure to have the case reheard, which could mean that the conviction was dropped. But if I have read what you told us correctly, you would still be convicted: you do seem to have evaded your fare, so I think that all this would do would be to put you to a lot of inconvenience and the offence would still show up on your DBS check.

If you accept the above, you should pay the fine. But that won't remove the offence from your DBS check - that records offences that you have been convicted of, rather than whether you have accepted the punishment.

But I don't think the offence should cause you any problems with the NMC: see what it says on their website at https://www.nmc.org.uk/ftp-library/...llegations/criminal-convictions-and-cautions/ :

If the criminal offending was directly linked to the nurse or midwife’s professional practice, it’s very likely this would be serious enough to affect their fitness to practise.

For example, offences that involved neglecting, exploiting, assaulting or otherwise harming patients are so serious that it may be harder for the nurse or midwife to remediate. In these cases it’s more likely that we’ll need to take regulatory action to maintain professional standards and public confidence in nurses and midwives.

If the criminal offending took place in the nurse or midwife’s private life, and there’s no clear risk to patients or members of the public, then it is unlikely that we’ll need to take regulatory action to uphold confidence in nurses and midwives, or professional standards.

We’d only need to do that if the nurse or midwife was given a custodial sentence (this includes suspended sentences), or the conviction was for a specified offence.

 

[missymae]

I understand that if you are convicted in your absence, there is a procedure to have the case reheard, which could mean that the conviction was dropped. But if I have read what you told us correctly, you would still be convicted: you do seem to have evaded your fare, so I think that all this would do would be to put you to a lot of inconvenience and the offence would still show up on your DBS check.

If you accept the above, you should pay the fine. But that won't remove the offence from your DBS check - that records offences that you have been convicted of, rather than whether you have accepted the punishment.

But I don't think the offence should cause you any problems with the NMC: see what it says on their website at https://www.nmc.org.uk/ftp-library/...llegations/criminal-convictions-and-cautions/ :

Thank you for this!
Does that mean I have to always present a thorough explanation letter whenever I apply for work / to the employer?

 

[Bungle158]

You are obliged to report any unspent convictions. This means any matters which are still on record as active.There are different levels of DBS checks, depending on the nature of employment. In some fields, convictions, even if spent are still required to be shown and higher levels of DBS checks reflect this

. As l said above, the system is quite complex, so help, from a UK source, would be useful. I would counsel complete honesty, if only because anything held back could count badly against you if subsequently revealed.

This may help http://hub.unlock.org.uk/need-disclose-spent-conviction-employer/

 

[missymae]

Thank yo

You are obliged to report any unspent convictions. This means any matters which are still on record as active.There are different levels of DBS checks, depending on the nature of employment. In some fields, convictions, even if spent are still required to be shown and higher levels of DBS checks reflect this

. As l said above, the system is quite complex, so help, from a UK source, would be useful. I would counsel complete honesty, if only because anything held back could count badly against you if subsequently revealed.

This may help http://hub.unlock.org.uk/need-disclose-spent-conviction-employer/

Thank you so much!

 

[Spurs]

Thank you for this!
Does that mean I have to always present a thorough explanation letter whenever I apply for work / to the employer?

https://hub.unlock.org.uk/knowledgebase/filtering-cautions-convictions/#disqus_thread

In short, assuming that this is your only conviction, then it will show on these DBS checks for sensitive professions cush as yours for a period of 11 years - so until the 19th of June 2028 in your case. If you've ever been convicted of anything else, or receive such a conviction at any point in the future, then all your convictions will show on these checks permanently. The good news is that this is really one of the most minor things you can be convicted for in the UK, and so long as your honest about it you will probably be able to get a job/be approved by the NMC regardless (although it obviously does not work in your favour).

 

[some bloke]

The NMC has its own requirements - see this thread for those and their answer in one case:

https://www.railforums.co.uk/thread...when-purchasing-a-ticket.184749/#post-4071239

 

[missymae]

The NMC has its own requirements - see this thread for those and their answer in one case:

https://www.railforums.co.uk/thread...when-purchasing-a-ticket.184749/#post-4071239

Thank you for your response regarding this matter.
I would also like to add another question in connection with this case.
If ever the NMC would approve for this. Do you think I would have any problem applying for a visa? Will I have some problem if ever I apply for one? My agency in the UK is worried that I might get denied for such conviction? Moreover, I plan to attach the initial statement I have given here to the Immigration upon application, is there anything else I also need to show or explain?
Thank you for your response regarding this matter.
I would also like to add another question in connection with this case.
If ever the NMC would approve for this. Do you think I would have any problem applying for a visa? Will I have some problem if ever I apply for one? My agency in the UK is worried that I might get denied for such conviction? Moreover, I plan to attach the initial statement I have given you (see below) to the Immigration upon application, is there anything else I also need to show or explain?

 

[Fawkes Cat]

Thank you for your response regarding this matter.
I would also like to add another question in connection with this case.
If ever the NMC would approve for this. Do you think I would have any problem applying for a visa? Will I have some problem if ever I apply for one? My agency in the UK is worried that I might get denied for such conviction? Moreover, I plan to attach the initial statement I have given here to the Immigration upon application, is there anything else I also need to show or explain?
Thank you for your response regarding this matter.
I would also like to add another question in connection with this case.
If ever the NMC would approve for this. Do you think I would have any problem applying for a visa? Will I have some problem if ever I apply for one? My agency in the UK is worried that I might get denied for such conviction? Moreover, I plan to attach the initial statement I have given you (see below) to the Immigration upon application, is there anything else I also need to show or explain?

I can't speak for anyone else who tries to offer help, but this is rather outside the matters that we know about. A website that we have referenced before has this page: https://hub.unlock.org.uk/knowledgebase/travelling-uk/

Aim of this page
This information sets out details of the visa application process for travelling to the UK and in particular, how your criminal record may affect your ability to get a visa.

Why is this important?
A visa to enter the UK can be expensive and fees are usually non-refundable if your application is refused. Therefore, if you have a criminal record, it’s important to have a good understanding of whether your application is likely to be successful.

General rules for entry clearance
The following text is taken from Theyworkforyou:

Applicants for entry clearance and those applying to remain in this country are checked for UK criminal convictions.

Those seeking permission to enter the UK will normally be refused if they have previously been convicted of a criminal offence punishable by at least 12 months imprisonment.

A person may be refused permission to stay on the basis of his character, conduct or associations or if he represents a threat to national security.

Entry clearance officers will take account of any available local intelligence about a person’s criminal activities overseas, but the agency does not have access to foreign governments’ criminal records.

Visiting the UK
Do you need a visa?
The UK Border Agency have a useful tool on their website which will help you ascertain whether you need a visa to travel to the UK. This often depends on which country you are travelling from, and why you are travelling.

If you do not need a visa, you shouldn’t encounter any difficulties in relation to your past criminal convictions. However, if you are concerned, you should contact the UKBA.

Applying for a visa
The UK Border Agency considers applications for permission to enter or stay in the United Kingdom through their visa services around the world. Visit their website to apply for a visa to come to the UK.

Application form
On the application form(s), the questions are:

Do you have any criminal convictions either in the UK or overseas (you must include spent and unspent convictions as well as traffic offences)?”

In the guidance notes, it states:

Please give details of the date and place (country) of the offence and what you were convicted of. Please state what sentence you received. To assist your application, you may want to supply documentary evidence of the conviction (e.g. the official record) detailing the crime you were convicted of and the sentence you received.”

A further question is:

Have you ever been charged in any country with a criminal offence for which you have not yet been tried in court (including traffic offences)?”

The Declaration section states:

I am aware that it is an offence under the Immigration Act 1971 (as amended) to make a statement which I know to be false, or not believe to be true, in order to obtain a visa/entry clearance to the UK. I am also aware that my application will be automatically refused and I may be banned from going to the UK for 10 years if I use a false document, lie or withhold relevant information. I may also be banned if I have breached immigration laws in the UK. I am further aware that should I use a false document, lie or withhold relevant information my details may be passed to law enforcement agencies.”

Supporting documents
UK Criminal Record

If you received the conviction when you were previously in the UK, you can apply for a Subject Access Request (this costs £10) from the Police Force where you last resided in the UK. You should speak with the Data Protection Officer in the relevant police force (or visit their website) for more information about this.

Overseas Criminal Record Certificate

From April 2015, the Home Office introduced a new ruling requiring applicants to provide an overseas criminal record certificatefrom any country they have lived in continuously for 12 months or more over the past 10 years. The requirement will be introduced in phases and will start with Tier 1 (Investor and Entrepreneur) applicants and their adult dependants. By starting with a small category of applicants the Home Office believe that they will be able to successfully monitor and evaluate the implementation of the policy. This requirement will apply to all applications submitted on or after 1st September 2015.

From March 2017, the requirement to provide a criminal record certificate was extended to Tier 2 (General) applicantscoming to work in education, health and social care sectors and their adult dependants. You can only apply for a Tier 2 (General) visa if you’ve been offered a skilled job in the UK and you’re from outside the European Economic Area and Switzerland.

A criminal record certificate will be required for applicants working in:

• Education, for example teachers, education advisers and school inspectors
• Healthcare, for example nurses, doctors, managers, pharmacists, dentists, ophthalmic opticians
• Therapy, for example psychologists, speech and language therapists
• Social services, for example social workers, managers, probation officers.

You can find the full Standard Occupation Classification Codes here.

Certificates will also be required from partners applying from overseas, on or after 6 April 2017 who want to join an existing Tier 2 (General) visa holder working in one of the above sectors.

The requirement may be waived where it is deemed not “reasonably practicable” to obtain a certificate, such as if a country or authority does not produce such documents.

Updated policy guidance on Tier 1 (Investor)and Tier 1 (Entrepreneur) was published in April 2016. For questions or enquiries please refer to the UK Visa and Immigration.

Refusal on the grounds of criminal convictions – Immigration rules part 9
The following information is extracted from the Gov.UK website, making reference to the Immigration Rules.

Grounds on which entry clearance or leave to enter the UK is to be refused

Paragraph 320(2) of the Rules states that an application should normally be refused if:-

The person seeking entry to the United Kingdom:

• is currently the subject of a deportation order; or
• has been convicted of an offence for which they have been sentenced to a period of imprisonment of at least 4 years; or
• has been convicted of an offence for which they have been sentenced to a period of imprisonment of at least 12 months but less than 4 years, unless a period of 10 years has passed since the end of the sentence; or
• has been convicted of an offence for which they have been sentenced to a period of imprisonment of less than 12 months, unless a period of 5 years has passed since the end of the sentence.

Where this paragraph applies, unless refusal would be contrary to the Human Rights Convention or the Convention and Protocol Relating to the Status of Refugees, it will only be in exceptional circumstances that the public interest in maintaining refusal will be outweighed by compelling factors.

Paragraph 320(18A) of the Rules states that an application should normally be refused if within the 12 months prior to the date on which the application is decided, the person has been convicted of or admitted an offence for which they receive a non-custodial sentence or other out of court disposal that is recorded on their criminal record.

Paragraph 320(18B) of the Rules states that an application should normally be refused if in the view of the Secretary of State:

• the person’s offending has caused serious harm; or
• the person is a persistent offender who shows a particular disregard for the law.

Paragraph 320(19) of the Rules states that an application should normally be refused if the immigration officer deems the exclusion of the person from the United Kingdom to be conducive to the public good. For example, because the person’s conduct (including convictions which do not fall within paragraph 320(2), character, associations, or other reasons, make it undesirable to grant them leave to enter.

Personal experience
An example of the problems that a criminal record can bring when travelling to the UK can be highlighted by the story of Beth Chapman (wife of Dog the Bountry Hunter, Duane Chapman) who was forced to pull out of a series of Celebrity Big Brother when a shoplifting conviction from the 1980’s led to her receiving a custodial sentence in the USA. Visit the Metroto read the story in full.
Useful links
Below you will find links to useful websites relating to this page.

• UK Border Agency – Check if you need a UK Visa
• UK Visa and Immigration

More information

1. For practical information – More information on coming to (and staying) in the UK

It seems to me that there is nothing here that - as long as you make full disclosure of the railway offence - should stop you getting a UK visa. But I suppose that a working visa may have tighter rules, and it seems sensible to listen to your agent.

As I say, I am outside my knowledge here. But I do know that some agents, in some countries, are not as honest as they should be. So if your agent offers to get you into the UK for an extra fee, please think about whether they are really working within the rules.

 

[missymae]

I can't speak for anyone else who tries to offer help, but this is rather outside the matters that we know about. A website that we have referenced before has this page: https://hub.unlock.org.uk/knowledgebase/travelling-uk/



It seems to me that there is nothing here that - as long as you make full disclosure of the railway offence - should stop you getting a UK visa. But I suppose that a working visa may have tighter rules, and it seems sensible to listen to your agent.

As I say, I am outside my knowledge here. But I do know that some agents, in some countries, are not as honest as they should be. So if your agent offers to get you into the UK for an extra fee, please think about whether they are really working within the rules.

Thank you so much, I will take note of everything you have mentioned. Many thanks!

 

[cuccir]

There is further advice provided on this by NACRO. But Fawkes Cat is right: really this falls outside the specialist expertise of these pages which are focused in on railway law. Furthermore we should probably note that
it it is technically illegal in the UK for unqualified and unregistered people to present themselves as giving informed advice on immigration, and though that law targets people who are looking to illegitimately profit from presenting themselves as legal advisers, we should probably be cautious in offering comments in a public forum.

 

[missymae]

I can't speak for anyone else who tries to offer help, but this is rather outside the matters that we know about. A website that we have referenced before has this page: https://hub.unlock.org.uk/knowledgebase/travelling-uk/



It seems to me that there is nothing here that - as long as you make full disclosure of the railway offence - should stop you getting a UK visa. But I suppose that a working visa may have tighter rules, and it seems sensible to listen to your agent.

As I say, I am outside my knowledge here. But I do know that some agents, in some countries, are not as honest as they should be. So if your agent offers to get you into the UK for an extra fee, please think about whether they are really working within the rules.

Thank you so much, I am just worried about such thing but I will seek professional / legal help for this matter. Many thanks!

 

[missymae]

There is further advice provided on this by NACRO. But Fawkes Cat is right: really this falls outside the specialist expertise of these pages which are focused in on railway law. Furthermore we should probably note that
it it is technically illegal in the UK for unqualified and unregistered people to present themselves as giving informed advice on immigration, and though that law targets people who are looking to illegitimately profit from presenting themselves as legal advisers, we should probably be cautious in offering comments in a public forum.

I strong agree to this. My apologies for bringing this up, just want to know your insights about it but I find an expert regarding this matter. Thank you