Ask an UK Law Question, Get an Answer ASAP!
How did you get the money?
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.
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.
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.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).