Urgent Please !! Court

[Masterq]

Hello people I received a police caution early this year due to offences last year it was for false representation (fraud) it was a minor case and the police just gave me a caution.. The problem is I have been refused a taxi license due to this offence and now I am appealing this decision in court .. I am a reformed character it was a one off offence how can I win this appeal I need it to fund my degree ? The council said they are happy to consider me in august however that will be too late Help please thanks !!

[hc4361]

On what grounds are you appealing?

[bednobs]

just get a different job, one where no-one needs to know about your past

[browntrout]

The police didn't "just give you a caution". You must have admitted to the offence. Personally I'm quite pleased to see a local authority keeping a fraudster away from vulnerable members of the public.

[EDDIE51]

As said , to get a caution you must have admitted to the offence and a taxi licence can not be held by someone who has a conviction for fraud .
Do not bother to appeal it is certain to fail and will only cost you more money.
Ever heard the saying '' If you can't do the time don't do the crime''?

[Graham-W]

A caution becomes part of your criminal record. You have not been "let off with a caution". Sometimes they are "spent" after 5 years and sometimes they stay on your record indefinitely.
You have severely restricted your employ-ability and don't plan on going to the USA in the near future.
Just out of curiosity, on what grounds would you base your appeal?

[EDDIE51]

Graham-W, a caution will become 'spent' and need not be declared after 30 months, not 5 years!

[carrust]

The landlord at my local was done for selling nicked TV's in a second hand shop he owned. He lost his drinks license & his livelihood.

[Graham-W]

Edddie51
After checking I find the caution can be classed as spent as early as 3 months after issue. If this is true, he may well have been "let off with a caution."

Quote:-
Per the Rehabilitation of Offenders Act 1974, simple cautions, reprimands and final warnings become spent (meaning that they do not need to be disclosed, unless applying for particular types of work) immediately, and conditional cautions become spent after 3 months.
Although cautions can show up on CRB checks, records may be removed after five years, although they are often retained longer or indefinitely in practice.

[EDDIE51]

Sorry Masterq but I have just found this
http://www.nidirect.gov.uk/becoming-a-taxi-driver
Any conviction , including a caution MUST be declared even when spent when applying for a Taxi licence, taxi drivers ( and personal licence holders, carrust) are exempt from the rehabilitation of offenders act, one conviction ends your career! .

[ladybirder]

Is Masterq in Northern Ireland then?

[EDDIE51]

Same rules apply here ladybirder, I am a personal licence holder and I know many taxi drivers.

[Masterq]

Hello thanks for the replies, it won't end my career people do make mistakes and I can't go to the USA ?? Are you serious lol I no somebody that has gone and he has a conviction! The council will give my license in about 4 months but I need it before

[Masterq]

A person who has commited a fraud and received a conviction cannot cab for 3 years some of you need to research !! Grounds are good I have a solicitor it's just that I have to show I am a reformed character

[hc4361]

On what grounds are you basing your appeal?

[bednobs]

august is not in 4 months

[hc4361]

Reasons the USA deny entry its country:
9 FAM 40.21(a) N2.2 Defining “Moral Turpitude”
(CT:VISA-1506; 09-07-2010)
Statutory definitions of crimes in the United States consist of various
elements, which must be met before a conviction can be supported. Some
of these elements have been determined in judicial or administrative
decisions to involve moral turpitude. A conviction for a statutory offense will
involve moral turpitude if one or more of the elements of that offense have
been determined to involve moral turpitude. The most common elements
involving moral turpitude are:
(1) Fraud;
(2) Larceny; and
(3) Intent to harm persons or things.

If you wanted to visit the USA and lied, you would be committing another fraud.

[Masterq]

Basically the council think I am not a fit and proper person to hold a license whilst I believe I am I have excellent character reference and I am Saving up for my phd the license will help me fund it, if I don't get the license I may not be able to do phd, the America thing I'm sure I can go on holiday for like 2 weeks you don't need a visa for that and it's not a conviction it's a caution there is a difference !

[bednobs]

if your PHD is important to you, i don't understand why you MUST be a cabbie - just do a different job!

[hc4361]

Sorry, but with a caution for fraud you will need to either commit fraud and lie or go down the proper route and apply for a visa to enter the USA. They don't like fraudsters.

That aside, you have a police caution for fraud which means the admitted to the police that you committed fraud. Are you now denying you committed the offence?
You are studying for a PhD so you must have some skills you can use in employment other than taxi driving. Why must you be a taxi driver?

[Masterq]

Cabbie is for part time only whilst studying I can work flexible hours that's why, but For example I booked a ticket to America tommorow and flew what are he chances of them stopping me at the airport I can just say I'm goin for a holiday for a few weeks that's it !