Fixed penalties do not count as criminal convictions but if you receive one this will be put on your record for a period of 2yrs and may be considered relevant in any enhanced disclosure certificate.
The USA have a visa waiver programme for any person holding passports from certain countries (British passports are included) as long as that person has never been arrested and/or convicted.
If you have been arrested you must declare it whether or not that arrest resulted in conviction. The Rehabilitation of Offenders Act 1974 does not extend to the USA so you must declare all convictions regardless of whether they are classed as spent or not.
Most minor road traffic offences that were dealt with by way of fixed penalty (i.e. no arrest or court appearance) do not count and you will be eligible to travel under the visa waiver programme.
If you have been arrested/convicted then you must apply for a visa from the US Embassy in London before you travel to the USA. Failure to have a visa means that you could be refused entry and returned home at your own expense. Have a look at the Visa Waiver Wizard (first link in related information) which only takes a minute to complete - it is just a guide for your own information, you do not have to enter personal details.
A conviction could mean that you are classed as permanently ineligible to travel to the USA, however, you may be able to apply for a waiver of permanent ineligibility from the Department of Homeland Security. This is not automatic and depends on several factors depending on the nature of the crime and when it was committed.
If you are unsure it is always better to check as you could be refused entry to the USA. In the current climate, it is highly likely that the USA authorities will be aware of your personal details before you travel to the USA.
Also see the websites in Related Information for more details.
The Recorded Police Warning (RPW) Scheme has replaced the Formal Adult Warning scheme. The RPW scheme enables officers to deal with a wide range of low level offences by issuing a Recorded Police Warning, on the spot or retrospectively, in the form of a notice.
A significant number of cases reported to the Procurator Fiscal against adult offenders result in either no action being taken due to the minor nature of the offending or a non-court disposal being administered by the Procurator Fiscal.
The overlying principles of the Recorded Police Warning is that it provides officers with a more speedy, effective and proportionate means of dealing with low level offending. Officer discretion is required to ensure that the police response to low level offending is proportionate to the justice outcome.
The circumstances of each incident will be fully assessed by officers when deciding on whether to issue a Recorded Police Warning or take another course of action such as issuing an Anti-Social Behaviour Fixed Penalty Notice (ASB FPN) or submitting a formal prosecution report to the Procurator Fiscal.
If the warning is refused at the time of dealing with the offence, officers can escalate to an ASB FPN, or where no ASB FPN offence exists will report the case to the Procurator Fiscal. If the warning is accepted, the alleged offender has 28 days to appeal in writing. The appeal may result in a report being submitted to the Procurator Fiscal.
The warning can be issued to any person over the age of 16. It is not a finding of guilt but is an alternative to prosecution and will be recorded on the Criminal History System for a period of two years and can be taken into account should the offender come to the further notice of the police. The RPW could be considered for disclosure in relevant circumstances.
In order for a Recorded Police Warning to be issued the officer must ensure that there is sufficiency of evidence and the crime will be recorded on the crime recording system.
