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Jo C.
Jo C., Barrister
Category: UK Law
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Experience:  Over 5 years in practice.
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I have been invited to attend a police interview under caution.

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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.



How did you get the money?

Customer: replied 6 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.


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.

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Customer: replied 6 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.


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 6 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


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.

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