How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Jo C. Your Own Question

Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 64948
Experience:  Over 5 years in practice.
12826847
Type Your UK Law Question Here...
Jo C. is online now
A new question is answered every 9 seconds

I have been invited to attend a police interview under caution.

Customer Question

I have been invited to attend a police interview under caution. All I know is that it concerns a former employer, so I am guessing its the one closest to the police station concerned.

All I can think of is that it concerns one incidednt when I paid £1300 to a utilities supplier to clear my debts to them, It was a one off incident that happenned only due to staff being cut wages by 25% and I was struggling just after Christmas. I am not proud of what I did, it was stupid and a rash reaction to my situation.

Should I admit to this or await what they ask me.

If guilty what is my punishment.
Submitted: 4 years ago.
Category: UK Law
Expert:  Jo C. replied 4 years ago.

Hi

 

How did you get the money?

Customer: replied 4 years ago.

I was bookkeeper. The company and I both had accounts with the same supplier so I just did a bank transfer. I could authorise any limit of payment on the internet banking to anyone (most companies require one to enter one to authorise) but couldnt sign cheques.

 

Expert:  Jo C. replied 4 years ago.

OK. In the course of criminal proceedings you can never tell lies, but we never admit to anything at all unless there are benefits in doing so. Silence is golden for the most part unless your legal advisors tell you otherwise.

 

You need a solicitor to attend the police station with you. On no account be interviewed without a solicitor.

 

This is theft from employer which is not a walk in the park I'm afraid. Its not a hugely high value one but it is a huge breach of trust and that does aggravate the sentence.

 

That said, there are two possibilities here though should be considered. The first is that they cannot prove what they allege which does fairly regularly happen. If thats right then this should be a no comment interview and you'll walk away with nothing. The second is that they may offer a caution if you admit it. They can be very inconsistent upon the topic of whats suitable for a caution but they do like them because they are good for their detection rates.

 

If you are charged and sent to court then the starting point is a medium level community order and the range is a band b fine to 26 weeks custody. Overall, I don't think they'll like the fact that you were a book keeper. I think that makes the breach of trust worse. But I do think that the fact it was a one off incident will be mitigating so you'll probably get a medium level to a high level community order.

 

Im happy to discuss the above but please remember to click on accept so that I can get credit. I will continue to help.

Jo C., Barrister
Category: UK Law
Satisfied Customers: 64948
Experience: Over 5 years in practice.
Jo C. and other UK Law Specialists are ready to help you
Customer: replied 4 years ago.

If they offer a caution in return for admitting it would that be the end of this matter? As far as the police are concerned?

 

I am sure they have something as they first called me 3 weeks ago to invite me in for a chat then cancelled and havent called until this morning. I guess the time was spent looking ?

 

I will be getting legal advice and representation for the interview.

 

My hope is that it isnt to do with the above. There were many occasions when clients paid in cash and the owner pocketed the money, which I never got to see! The procedure for this (as taught to me when I joined) was to clear the invoice and once a quarter the balance on the control account would be "allocated" amongst entertaining, travel, casual labour.

Expert:  Jo C. replied 4 years ago.

 

As far as the police are concerned it would be the end of the matter. But a caution would sit on your CRB and would always be visible at least on enhanced checking. Its not to be desired but its a lot better than a conviction.

 

It may be nothing to do with this. Thats really why you need a solicitor though - maximise disclosure of evidence before interview so that you are not ambushed.

Customer: replied 4 years ago.

Forgive for one final question as I have never been through anything like this before, although I have been researching.

 

At the station the Police will talk with my solicitor and advise him of the details. Will we have long to discuss these "charges" before I am questioned?

 

This one may sound foolish but will I be allowed home afterwards?

 

Many thanks for your kind help

Expert:  Jo C. replied 4 years ago.

 

Yes, police officer gives disclosure to solicitor, solicitor discuss the evidence with you, then you are interviewed. In fairness, police officers don't always tell solicitors everything.

 

You should be bailed. I can't see any grounds for holding you in custody.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Ben Jones

    Solicitor

    Satisfied Customers:

    8364
    Specialist in UK Law with expertise in UK Employment Law
< Last | Next >
  • http://ww2.justanswer.com/uploads/venkoj/2010-02-20_133027_ben_pic.jpg Ben Jones's Avatar

    Ben Jones

    Solicitor

    Satisfied Customers:

    8364
    Specialist in UK Law with expertise in UK Employment Law
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    3850
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/taratill/2010-03-09_111600_phpsik04M_c2AM.jpg Jenny Mackenzie's Avatar

    Jenny Mackenzie

    Satisfied Customers:

    2612
    Over 10 years experience in general legal matters
  • http://ww2.justanswer.com/uploads/matthewjones/2009-9-7_20342_picture_007.jpg Matthew J's Avatar

    Matthew J

    Solicitor

    Satisfied Customers:

    323
    4 y PQE (Partner) - Commercial / Residential Property & Property and Civil litigation experience
  • http://ww2.justanswer.com/uploads/TO/touchwoodsden/2013-12-6_91518_MeforJA.64x64.jpg Stuart J's Avatar

    Stuart J

    Solicitor

    Satisfied Customers:

    5198
    PGD Law. 20 years legal profession, 6 as partner in High Street practice
  • http://ww2.justanswer.com/uploads/RE/Remus2004/2012-4-22_93111_2bigstockPortraitOfConfidentFemaleL6943985.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    24742
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/JO/Josh2010/2012-4-29_19490_GettyImages80121770B.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    6561
    LL.B (Hons), Higher Prof. Dip. Law & Practice