Rotty said:
yep , though it is actually "as long as you have never been arrested" , even if you've been arrested and never charged then you still have to apply for a visa , really fair that is
Of course it's fair. You have to remember that it's you seeking to enter the US, which is a sovereign nation and entirely entitled to apply whatever criteria it likes to people seeking to enter. They didn't, after all, send out an invitation.
Then, the general rule is that anyone seeking to enter requires a visa .... just as they do to enter the UK. However, under certain conditions, they waive the visa requirement. All this means is that those that have been arrested aren't eligible for the visa waiver, and default back to needing a visa.
Going one stage further, nobody (other than US citizens) actually has right of entry, even if they have a visa. That decision lies with immigration officals at the port of entry and they can deny entry, visa or no visa.
The visitor is the supplicant. If they don't like the requirements for entry, don't go.
Oh, and the general case is that if you've been arrested, there was a reason for that arrest. It may have been that the person was perfectly innocent, but it also may have been, and is probably more likely, that they they were guilty as hell but there was insufficient evidence to convict. No sovereign nation is required to admit people it doesn't want to, just because a jury couldn't reach "beyond reasonable doubt". Any country is entitled to decide they'd rather just not risk it, and decline you permission to enter. The UK has the same right to foreign visitors, including US citizens.
The visa is a privilege, and the visa waiver is a privilege on a privilege. So the criteria require that you meet certain standards to qualify. It's perfectly fair to require that. The arrest is sufficient to cast enough doubt that a visa waiver is removed, and you need to satisfy the embassy in order to get a visa.