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"Have you ever been convicted in a court of law?"

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windingworm
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"Have you ever been convicted in a court of law?"

Postby windingworm » Wed, 28 Jan 2015 2:12 pm

Hi all, I'm new here. Cool forum by the way.

I was wondering how to answer this (very broad) question usually asked in the EP application form, more specifically regarding traffic offences sentenced in court.
I'm not talking about DUI here, but rather about non-criminal offences sentenced in court like speeding.

The reason why I am asking is that non-criminal offences are not registered, as explained in the Register of Criminal Acts of Singapore. This means my criminal record is clear.
Far be it from me not to take responsibility for this thing, I paid for it and recognized my fault entirely.
But we all know that ticking some boxes in a form could have a negative impact, so why ticking them if we legally don't have to?

My question goes even further with the Permanent Resident application form:
"Have you been convicted of or currently charged with a crime or offence in Singapore?"

Technically, a simple parking ticket being an offence, would it imply ticking 'yes' for this one as well?

Looking forward to reading you.

W.

PNGMK
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Re: "Have you ever been convicted in a court of law?"

Postby PNGMK » Wed, 28 Jan 2015 3:13 pm

Well that can check it out easily enough. Personally I don't declare traffic offenses on this type of form (but I would declare a DUI or a traffic homicide obviously if I had such a thing).
I have gay, black, Asian friends and then JR8.

windingworm
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Re: "Have you ever been convicted in a court of law?"

Postby windingworm » Wed, 28 Jan 2015 3:29 pm

I find it tricky because it's not just a speeding ticket fixed by law (I never declare those either), but a fine sentenced in court as it's usually the case for speeding > 41km/h above limit.

So technically, I have been convicted in a court, yes.
But on the other hand, do I legally have to mention it, since it's not a registrable offence that is therefore not written in my criminal record?

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Re: "Have you ever been convicted in a court of law?"

Postby PNGMK » Wed, 28 Jan 2015 3:36 pm

windingworm wrote:I find it tricky because it's not just a speeding ticket fixed by law (I never declare those either), but a fine sentenced in court as it's usually the case for speeding > 41km/h above limit.

So technically, I have been convicted in a court, yes.
But on the other hand, do I legally have to mention it, since it's not a registrable offence that is therefore not written in my criminal record?


Ouch - nasty fine I bet.

I honestly don't know. With a PR application you get the sense that NOT declaring something that can be found out later will be a big black mark against you but then again when trying to compete for a PR you don't want these things to be used against you.

Maybe talk to a lawyer? They'd be best placed to interpret the phrases.
I have gay, black, Asian friends and then JR8.

windingworm
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Re: "Have you ever been convicted in a court of law?"

Postby windingworm » Wed, 28 Jan 2015 3:44 pm

Yes indeed. Thanks for the advice man.

Meanwhile if a lawyer popped by this thread, their opinion would be greatly appreciated :)

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ecureilx
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Re: "Have you ever been convicted in a court of law?"

Postby ecureilx » Thu, 29 Jan 2015 10:47 am

windingworm wrote:I find it tricky because it's not just a speeding ticket fixed by law (I never declare those either), but a fine sentenced in court as it's usually the case for speeding > 41km/h above limit.

So technically, I have been convicted in a court, yes.
But on the other hand, do I legally have to mention it, since it's not a registrable offence that is therefore not written in my criminal record?

From what I know, if you got summons for speeding exceeding the limit enough to get demerit points it is a serious offence and must be declared,or at least mention it to the officer collecting the forms.

I know a guy who applied for SC and his Jaywalking summons was passed in mention by the interviewing ICA officer.

Because the guy was issued summons not just a warning , was the explanation.

By the way, unrelated to this subject, last week I sat through friends DUI spot check .. the first thing the officer says is "sir, if you are above the limit we will be arresting you on the spot",

Scary vs a fine / charged in court etc.

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nakatago
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Re:

Postby nakatago » Thu, 29 Jan 2015 11:00 am

ecureilx wrote: we will be arresting you on the spot"


I only did a quick, cursory search; no miranda rights in Singapore or the equivalent arising from common law as in most commonwealth countries.

:-|

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ecureilx
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Re: "Have you ever been convicted in a court of law?"

Postby ecureilx » Thu, 29 Jan 2015 11:03 am

nakatago wrote:
ecureilx wrote: we will be arresting you on the spot"


I only did a quick, cursory search; no miranda rights in Singapore or the equivalent arising from common law as in most commonwealth countries.

:-|

Precisely..

The 10 minutes wait while my friend was blowing was more stressful for me as I had thoughts through my head,with myself half drunk as him whether I'd be allowed to.drive the car back, how to bail him out etc etc. Luckily he was below the limit and was given a warning ..

His lesson being in the first spot check ... never drive even if below the limit..

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Re: "Have you ever been convicted in a court of law?"

Postby x9200 » Sat, 31 Jan 2015 8:25 am

@windingworm, I would just call MOM and ask.
"Conviction" in principle refers only to criminal charges but it's better to check at the source of the question.


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